already held, or (2) electing to exercise rights to purchase
General Motors stock which are made available on an equal basis
to all General Motors stockholders.
On June 3, 1957, the Supreme Court of the United States,
353 U.S. 586, 77 S. Ct. 872, 1 L.Ed.2d 1057, found a violation of the
Clayton Act, 15 U.S.C.A. § 12 et seq. The government urges that
this finding ipso facto supports its conclusion that irreparable
injury will result in delaying the granting of the relief
requested, until the entry of a final decree. No evidence was
offered at a hearing on this motion, other than the affidavit of
government counsel, and it appears that it is predicated on the
same factual circumstances which prevailed at the time the
Supreme Court made its decision sixteen months ago, except for
the vague averment that General Motors has recently announced
"far reaching changes in the organization of that company".
Counsel for defendants deny that they would not object to the
granting of the relief requested at this stage of the proceeding.
It is a matter of public record that an election of Board members
and officers of General Motors was held in May 1958, some months
previous to this motion. Counsel for defendants state that there
is no need to restrain the exercise of voting rights now because
there will be no election of General Motors officers and
directors until May 1959.
Defendants counsel represent that du Pont has not purchased any
General Motors stock during the past twenty-seven years, and
offer to stipulate that no additional stock will be acquired in
the future. Counsel for Christiana and Delaware assure the court
that their clients have no intention of purchasing any General
The government has agreed to present its evidence on January
26, 1959, at the hearing for the final relief to be granted,
which hearing includes the portion of the relief now sought on
It appears to the court that the final phase of this case will
be determined soon and the end of this protracted litigation is
in sight. The court is of the opinion that the circumstances do
not justify the inexpedience of a piecemeal determination of
issues at this posture of the case; that is, on the eve of the
Further, the court is of the opinion that the government has
failed to show that irreparable injury will result if the relief
requested is not granted immediately.
This memorandum shall constitute the court's findings of fact
and conclusions of law and an order has this day been entered
denying the motion for preliminary injunction.
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