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Houck v. Folding Carton Administration Committee

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


September 15, 1989

PAUL HOUCK, ON BEHALF OF THE UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
FOLDING CARTON ADMINISTRATION COMMITTEE, ET AL., DEFENDANTS-APPELLEES. IN RE: FOLDING CARTON ANTITRUST LITIGATION; APPEAL OF: UNITED STATES OF AMERICA

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 87 C 1253, Charles R. Norgle, Judge. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. MDL 250, Hubert L. Will, Judge. Original Opinion reported at,

Before Hon. HARLINGTON WOOD, JR., Circuit Judge, Hon. RICHARD D. CUDAHY, Circuit Judge, Hon. MICHAEL S. KANNE, Circuit Judge

Order

On consideration of the Petition for Correction of Opinion, Rehearing and Suggestion for Rehearing In Banc, filed in the above-entitled cause on August 23, 1989, by Hubert L. Will, Senior United States District Judge, the Class Plaintiffs' Petition for Rehearing with Suggestion for Rehearing In Banc filed on August 23, 1989, and the Petition of Paul Houck, on behalf of the United States of America, plaintiff-appellant, filed on September 12, 1989, no judge in active service*fn* desires a vote thereon, and all judges on the original panel have voted to deny the aforesaid petition. Accordingly,

IT IS ORDERED that the aforesaid petitions be, and the same are hereby, DENIED.

It is further ordered, however, that the opinion be amended as follows:

Page 8, paragraph 2, line 3, delete "This time it was not the United States Attorney's office but the Civil Division of the Department of Justice that became interested in this case." Replace with "At this later stage of these proceedings the United States Attorney's office joined with the Civil Division of the Department of Justice in the motion to intervene."

Page 10, first complete paragraph, line 9, delete "and has," and in lieu thereof between the words "manner" and "done" insert "and now joined by the United States Attorney's office have."

Page 24, line 4 following "(1967)." add footnote reference "10".

Page 24, at bottom of page add the following footnote:

10 See also: United States v. E. I. DuPont de Nemours and Co., 366 U.S. 316, 325 (1961); Continental Ins. Co. v. United States, 259 U.S. 156, 165-66 (1922).


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