The opinion of the court was delivered by: LEVET
Plaintiff, United States of America, having filed its complaint herein on June 7, 1962; the defendants Olympia Provision & Baking Co., Inc. (hereinafter "Olympia"), Provision Salesmen & Distributors Union, Local 627, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO (hereinafter "Local 627"), Sabrett Food Products Corp. (hereinafter "Sabrett") and Superior Frankfurter, Inc. (hereinafter "Superior"), having appeared and filed their several answers; the action having been severed as against the defendants Sabrett and Superior, and each having consented to the entry of separate judgments against them, which judgments were entered on December 18, 1967; the defendant Olympia having defaulted upon the call of this action for trial and having waived any further notice herein under Rule 55 of the Federal Rules of Civil Procedure; the matter having been tried against the defaulting defendant Olympia and the defendant Local 627 from November 8, 1967 to November 19, 1967; and the Court having entered its Opinion, Findings of Fact and Conclusions of Law on April 5, 1968,
Now Therefore, it is hereby
Ordered, Adjudged and Decreed as follows:
This Court has jurisdiction of this cause and of the defendants herein under Sections 1 and 2 of the Act of Congress of July 2, 1890 (15 U.S.C. §§ 1, 2), as amended, commonly known as the Sherman Act. The defendants Olympia and Local 627, and Sabrett, Superior and the distributor-members of Local 627 who dealt with Olympia, Sabrett and Superior, have combined and conspired to restrain and monopolize the manufacturer, sale and distribution of frankfurters by means of pricefixing and boycotting agreements in violation of Sections 1 and 2 of the Sherman Act.
As used in this Final Judgment:
(A) "Person" shall mean an individual, partnership, corporation, association, or other business or legal entity;
(B) "Distributor" shall mean any person who is an independent contractor engaged in the business of buying frankfurters from Sabrett, Superior, or Olympia and reselling them to retail outlets for his own account and profit or any subsidiary, successor, or assign of any such person;
(C) "Sabrett" shall mean Sabrett Food Products Corp., a corporation organized and existing under the laws of the State of New Jersey, with its principal place of business in Jersey City, New Jersey, its subsidiaries, successors and assigns and its directors, officers, trustees, agents and employees;
(D) "Superior" shall mean Superior Frankfurter, Inc., a corporation organized and existing under the laws of the State of New York with its principal place of business in the Bronx, New York, its subsidiaries, successors and assigns ...