The opinion of the court was delivered by: Knoch, District Judge.
This cause came on for trial commencing on January 19, 1954,
and concluding on January 26, 1954, before the undersigned, a
Judge of the above named Court, without a jury.
Plaintiff relied entirely on documentary evidence and called no
witnesses. Ten witnesses testified on behalf of the defendants,
who offered certain documentary evidence as well.
After hearing the evidence adduced by the parties, now pursuant
to Rule 52(a) of the Rules of Civil Procedure, 28 U.S.C.A., the
Court makes the following findings of fact and conclusions of
1. This action was instituted by the United States by the
filing of a Complaint on December 9, 1948 under Section 4 of the
Act of Congress of July 2, 1890, c. 647, 26 Stat. 209, entitled
"An Act to protect trade and commerce against unlawful restraints
and monopolies", commonly known as the Sherman Act,
15 U.S.C. § 4, 15 U.S.C.A. § 4, alleging violations by the defendants of
Section 1 of the Sherman Act, 15 U.S.C. § 1, 15 U.S.C.A. § 1.
2. Defendant Chicago Mortgage Bankers Association, hereinafter
at times referred to as defendant Association, was incorporated
under the laws of Illinois on December 8, 1920, and ever since
has been an Illinois corporation having its principal office and
place of business in Chicago, Illinois.
3. Defendants, other than defendant Association, are
hereinafter referred to as defendant members. All of defendant
members are corporations.
The name, place of incorporation, and principal place of
business of the defendant members are as follows:
Defendant Laws of: Place of Business
Beesley Realty & Mortgage Company, Illinois Chicago, Illinois
Bell Savings and Loan Association Illinois Chicago, Illinois
Charles H. Brandt and Company, Illinois Chicago, Illinois
Robert E.L. Brooks, Incorporated Illinois Chicago, Illinois
Central National Bank in Chicago United Chicago, Illinois
Chicago City Bank and Trust Company Illinois Chicago, Illinois
Chicago Federal Savings and Loan United Chicago, Illinois
Chicago Mortgage Investment Company Illinois Chicago, Illinois
Dovenmuehle, Inc. Illinois Chicago, Illinois
Draper and Kramer, Incorporated Illinois Chicago, Illinois
First Federal Savings and Loan Association United Chicago, Illinois
of Chicago States
First National Bank and Trust Company United Evanston, Illinois
of Evanston ...