Appendix — United States v. Grinnell Corp.
Supreme Court brief1966
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SUPREME COURT OF THE UNITED STATES
OcroBeR 'TeRM, 1965
No. 73
Unitep Srates, Appellant,
vs.
GRINNELL CORPORATION, ET AL.
No. 74
GRINNELL Corporation, Appellant,
vs.
Unrtep STATES
No. 75
AMERICAN District TELEGRAPH Company, Appellant,
vs.
Unitep STATES
No. 76
Hotmes Exectric Protective Company, Appellant,
vs.
UnitTep STATES
No. 77
Automatic Fire ALARM CoMPANY OF DeLawarg, Appellant,
vs.
UNITED STATES
APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF RHODE ISLAND
Volume I
li INDEX
INDEX
Original Print
Record from the United States District Court for the Dis-
trict of Rhode Island
Docket entries, Civil Action No. 2785............... 1 1
Ce re is Be aa cee cab 26 30
Designation of District Judge for service in another
District within his Circuit—Honorable George C.
SN oar oe oa Wan ee ids Ocean eceus 38
Answer of Defendant, Grinnell Corporation........ 39 41
Answer of Defendant, American District Telegraph
SN sree dns CASA ears each SG ew disve es Ob 51
Plaintiffs’ motion for production of documents (ad-
dressed to Defendant Grinnell Corporation (ex-
cerpts) )
Stipulation, dated September 28 and 29, 1961 (ex-
WI os ea ioe nA os ER be nd wed ba ee en es 75 61
Plaintiff's answer to interrogatories propounded by
the defendants (excerpts)....................... 79 63
Memorandum in support of plaintiff’s objections to
certain interrogatories propounded by defendants
American District Telegraph Company, Automatic
Fire Alarm Company of Delaware and Holmes Pro- —
tective Company (excerpts)..................... 94 67
Memorandum of Sweeney, Ch. J., dated January 23,
ark Vis wea wend Oia fa eK ne es Kev ee 98 68
Letter from Sweeney, Ch. J., to Noel E. Story, De-
partment of Justice, dated March 6, 1962, notifying
that he has withdrawn from case, etc............. 108 77
Revocation of designation of District Judge for service
in another District within his Cireuit............. 109 78
Designation of District Judge for service in another
District within his Cireuit—Honorable Charles E.
WMI hee eh Sie e eveeede dace aveapies 110 79
Transcript of hearing on motion to settle form of
order for production of documents, ete., held in
USDC for the District of Massachusetts, Boston,
April 3, 1962 (excerpts)........................ 112 80
Transcript of hearing on plaintiff’s motion in regard
to the suspension of depositions, etc., held in USDC
for the District of Massachusetts, Boston, January
MND oo os wee ving so ba N owe F pre 2 123 83
Order of Wyzanski, D.J., dated January 10, 1963 (ex-
I i kid op hd Wie 5 05 6 ding es Se wisi vie pak e eso 140 90
Letter from Wyzanski, J. to Matthew W. Goring,
dated January 23, 1963......................... 142 91
Transcript of hearing held in USDC for the District
of Massachusetts, Boston, March 13, 1963 (ex-
NN as cis ees hha hee cee ineeees 143 92
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Defendants, ADT, Holmes Electric Protective Com-
pany and AFA request for admissions..........
Appendix A—Manual entitled “Physical Protec-
tion, A GSA Handbook”, dated May 20, 1960
COINS io. Vn sie ciara ae ha hn ae ees
Plaintiff's answers to defendants’ request for admis-
OU 65 ocho ged ood ck ee eh as
Letter from Wyzanski, J. to all counsel, dated Sep-
SOE Dy ROP > © 4 vf nicks opine ck) Kk Eee choses
Letter from Frank A. Fritz to Wyzanski, J., dated
Sopstemmbor 10, TOGB . .a ain seie Gb oko wtcnnnds one
. Letter from Robert L. Wright by Noel E. Story to
Wyzanski, J., dated September 20, 1963..........
Letter from Wyzanski, J., to all counsel, dated Sep-
ge ARES Poeun ie He eager
Letter from Frank A. Fritz to Wyzanski, J., dated
Movenmnet 20. MOOG & ss:c0iie esis sine dends Sapass>s
Letter from William H. Orrick, Jr. (by Noel E. Story)
to Wyzanski, Jr., dated November 18, 1963........
Letter from Wyzanski, J. to all counsel, dated Novem-
WORE SIE iaic cee ci raseaeacdstedtetakens
Transeript of pre-trial conference held in USDC for
the District of Massachusetts, Boston, December 18,
Es eek coisa can be Bi ae oh oe ee
MONE oon Fon sk eK 5 Ks ENS SUES On
Order of Wyzanski, J., dated December 18, 1963. .
Plaintiff's proposed form of judgment and proposed
form of judgment after trial, filed February 14,
WON sisi a soc 5 Gs ORFS ES Sale oA cn
Defendants’ proposed changes in plaintiff’s proposed
| ee See er nani
Grinnell Corporation’s brief on relief..............
Brief of Defendant Alarm Companies with respect to
OU AS, a ccesus Shin op eee hea sed cadckaabainn
Letter from Wyzanski, J. to all counsel, dated May 4,
WO Si askc dosh Secs acs aR cas
Transcript of pre-trial conference held in USDC for
the District of Massachusetts, Boston, May 28, 1964
PUN a6 8G A Ba 8 din eB Tk AS
Notice of motion of defendants Grinnell Corporation,
ADT, Holmes Electric Protective Company and
AFA re vacating order setting cause for trial, ete.
Affidavit of Denis G. McInerney...............
iv INDEX
Record from the United States District Court for the Dis-
triet of Rhode Island—Continued
Notice of motion of defendants Grinnell Corporation,
ADT, Holmes Electric Protective Company and
AFA re vacating order setting cause for trial, ete.
—Continued Original
Affidavit of Frank A. Fritz................... 368
Exhibit A—Transcript of pre-trial confer-
ence held in USDC for the District of
Massachusetts, Boston, December 18, 1963
(copy) (omitted in printing)........... 373a
Exhibit B—Order of Wyzanski, J., dated
December 18, 1963 (copy) (omitted in
WIE kis Coss aie cite esa 373b
Exhibit C—Transcript of pre-trial confer-
P ence held in USDC for the District of
: Massachusetts, Boston, May 28, 1964
(copy) (omitted in printing)........... 373¢
Letter from Robert L. Wright by Noel E. Story to
Wyzanski, J., dated June 2, 1964............... 375
Transcript of hearing on motions held in USDC for
the District of Massachusetts, Boston, June 3, 1964 377
Ta a VS lee ay rain ai aS 377
Order denying motion of defendants to limit the relief,
ete., dated June 4, 1964......................... 400
Letier from Wyzanski, J. to all counsel, dated June 4,
a ea oaks poe ay CaS eee Sees 401
Notice of motion of defendants, ADT, Holmes Elec-
tric Protective Company and AFA, for an order of
disqualification of the Honorable Charles E. Wy-
WO oes he ka ak Mika ie eters es 402
Affidavit of Ernest Kobelt, Roy W. Cooper and
Lawrence W. Thomason..................... 404
Exhibit A—Order of Wyzanski, J., dated
December 18, 1963 (copy) (omitted in
CE ee Pe eB ee 5 Ceo lee 44S 410a
Exhibit B—Transcript of pre-trial conference
held in USDC for the District of Massa-
chusetts, Boston, May 28, 1964 (copy)
(omitted in printing) ................. 410b
Exhibit C—Transeript of hearing on motions
held in USDC for the District of Massa-
chusetts, Boston, June 3, 1964 (copy)
(omitted in printing)................... 410¢
Petition and affidavit of Clarence H. Rison......... 412
Transcript of hearing on motions held in USDC for
the District of Massachusetts, Boston, June 9, 1964 420
0 ER SS Bie eo es ee 420
292
292
293
299
299
INDEX v
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued Original Print
Request to admit by Defendant Grinnell Corporation 422 300
Schedule of Patents showing filing date, issue date,
number of pertinent claims and owner........ 424 302
Subpoena served on behalf of Cahill, Gordon, Reindel
& Ohl, attorneys for Defendant Grinnell Corpora-
Css So a i eee ee ek ea ees es 433 307
Mannie = Bi ons oie ee it ee ee hae Re 434 309
Stipulations No. 6, No. 8 and No. 9, dated June 11,
WO 5 Sk Bae edhe be ls ee 435 310
Chart of “Subscribers and Revenue-Electrical
Protective Service Other Than Accredited Cen-
tral Station Service 1957-1962 Source—Depo-
aN oe Be eee EES Ske cae ee Co a 439 313
Chart of “Central Station Burglar Alarm Service
Subscribers Certificated by Underwriters’ Lab-
oratories, Inc. 1957-1961 Source—Depositions” 444 315
Memorandum of Woodbury, Ch. J., dated June 11,
1964 ......... A < ehaeh ache And Mccabe hee wis 9.2 449 317
Transcript of hearing on motions held in USDC for
the District of Massachusetts, Boston, June 15, 1964 451 319
PIII 5655-588 ks ree Signs Ei Sag Oo 8 451 319
Volume II
Transcript of trial held in USDC for the District of
Massachusetts, Boston, June 15, 16, 17, 22, 23 and
SE igi ds ivadde ksh oas nea beeen es kiodae 462 325
SII ois cy so ho k= + em egcc ee Uo ee ees 462 325
Colloquy and offer in evidence of Government
Exhibits 1 through 307 and objections thereto 463 325
Offer in evidence of additional Government Ex-
IN os ca tae G40 a eS ORE ew ars ee a a nla a 470 330
Colloquy between Court and counsel for defend-
WS cacy ose ad Sins Road eh a eee eee wR 479 335
Dees ir Te Cc oe as. ec kk 487 339
The Government rests......................... 498 345
Colloquy between Court and counsel for defend-
A RE agen PIER RY oct a 498 345
Testimony of Francis Guibert—
—direct (by Mr. Fritz)........ 538 350 -
—cross (by Mr. Story)........ 594 380
—redirect (by Mr. Fritz)...... 603 385
Ray Brechbill—
—direct (by Mr. Fritz)........ 604 386
Colloquy between Court and counsel off the record 611 390
ee ae
vi INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Transcript of trial held in USDC for the District of
Massachusetts, Boston, June 15, 16, 17, 22, 23 and
24, 1964—Continued Original Print
Testimony of Ray Brechbill—
—resumed direct (by Mr. Fritz) 623 396
—cross (by Mr. Story)........ 650 411
—redirect (by Mr. Fritz)...... 651 412
Howard B. Schultz—
—direct (by Mr. Fritz)........ 652 412
Edward Gaston—
—direct (by Mr. Williams)..... 688 432
George Simon—
—direct (by Mr. Fritz, Jr.).... 707 443
William Arthur Crichton—
—direect (by Mr. Fritz, Jr.).... 714 447
Paul C. Sherer—
—direct (by Mr. Fritz, Jr.).... 728 HS
Edward Carrier—
—direct (by Mr. Fritz, Jr.).... 746 465
Lawrence M. De Shane—
—direct (by Mr. Conkling).... 761 473
Roy Elliott—
—direct (by Mr. Williams).... 769 477
George L. Martin—
—direct (by Mr. Williams).... 772 479
Henry Fitzgerald—
—direct (by Mr. Williams).... 774 480
Walter Hennessey—
—direct (by Mr. Williams).... 775 480
John Vincent Polio—
—direct (by Mr. Williams).... 775 481
Robert E. Landick—
—direct (by Mr. Williams).... 776 481
Thomas Sherman—
—direct (by Mr. Williams).... 778 482
Testimony of James 0. Maxey—
—dircct (by Mr. Fritz)........ 783 485
Offers in evidence of defendant ADT and objec-
Ge TN ia oie oes cbc ce tse 804 496
Offers in evidence of defendant Holmes Electric
Protective Company and objections thereto .. 805 496
Offers in evidence of defendant AFA and objec-
tions thereto ....... 805 497
Offers in evidence of excerpts from depositions
and objections thereto......................
INDEX vii
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Transcript of trial held in USDC for the District of
Massachusetts, Boston, June 15, 16, 17, 22, 23 and
24, 1964—Continued Original == Print
Testimony of Daniel Francis Co'lins—
—direct (by Mr. Williams)... 807 498
Walter Joseph Swett, Jr.—
—direct (by Mr. Williams)... 811 500
Albert Earl Smith—
—direct (by Mr. Fritz)........ 815 502
—cross (by Mr. Story)........ 827 509
—redirect (by Mr. Fritz)...... 836 514
Walter Darl Simpson—
—direet (by Mr. Fritz)........ 838 515
William F. Hable—
—direct (by Mr. Conkling).... 839 516
—eross (by Mr. Story)........ 885 541
Francis C. Evans—
—direct (by Mr. Conkling).... 892 544
James A. MeDonald—
—direct (by Mr. Fritz)........ 900 549
—cross (by Mr. McInerney).... 952 576
—eross (by Mr. Story)........ 961 581
Robert J. Fahey—
—direct (by Mr. Fritz, Jr.).... 963 582
—cross (by Mr. Story)........ 982 592
Testimony of Andrew M. Rouse—
—direct (by Mr. Fritz, Jr.).... 991 596
Lawrence J. O’Brien—
—direct (by Mr. Fritz)....... 1005 603
—cross (by Mr. Story)........ 1041 623
—redirect (by Mr. Fritz)...... 1057 632
Thomas P. Drew—
—direct (by Mr. Fritz) ....... 1059 633
—cross (by Mr. Story)........ 1071 640
John A. Mahoney—
—direct (by Mr. Fritz, Jr.).... 1082 645
Dr. Jessie William Markham—
—direet (by Mr. Williams)... . 1090 650
James Douglas Fleming—
—direct (by Mr. McInerney)... 1129 668
—cross (by Mr. Fritz)........ 1180 695
Defendant Grinnell’s -~ tion to strike certain of plain-
CS GUID. ocpick 5c wales , hiaslcki-gher tame 1188 699
Clerk’s note re Joint motion to correct transcript of
Same TGR TONG s ss ctccin sl hia. BS eee. 1194 702
vu INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued Original Print
Transeript of post-trial argument, October 9, 1964. . 1199 703
Statement by Mr. Fritz on behalf of defendants
ADT, Holmes Electric Protective Company and
AFA 1200 703
Statement by Mr. McInerney on behalf of Grinnell
Corporation 1221 714
Statement by Mr. Story on behalf of the Govern-
ment 731
Two letters from Wyzanski, J. to Clerk, Neal D.
Murphy, dated November 27, 1964 listing errors
Notice of pase of Defendant Grinnell Corpora-
tion to the Supreme Court of the United States
Notice of appeal of Defendant Holmes Electric
Protective Company to the Supreme Court of
the United States
Notice of appeal of Defendant Automatic Fire
Alarm Company of Delaware to the Supreme
Court of the United States
Notice of appeal of Defendant American District
Telegraph Company to the Supreme Court of
the United States
Application of the United States for an enlargement of
time for docketing case on appeal
Order extending time to file
Application of defendants for an extension of time for
docketing case on appeal (excerpts)
Order extending time to file
Order noting probable jurisdiction
Exhibit Volume I
GOVERNMENT'S EXHIBITS
No. 1—NBFU No. 71, Standard of the National
“Board of Fire Underwriters for the Installation,
Maintenance and Use of Central Station Pro-
tective Signaling Systems for Watchman, Fire
Alarm and Supervisory Service as recommended
by the National Fire Protection Association,
July, 1958 and July, 1959 Amendments....... 1351 789
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’S Exuisits—Continued Original Print
No. 2—NBFU No. 72—Standard of the National
Board of Fire Underwriters for the Installation,
Maintenance and Use of Proprietary, Auxiliary,
Remote Station, and Local Protective Signaling
No. 3—Underwriters Laboratories, Ine. (UL 611),
Standards for Safety, Central Station Burglar
Alarm Systems, December, 1956
No. 4—Underwriters Laboratories, Inc., Accident,
Automotive, and Burglary Protection Equip-
ment Lists, September, 1961
No. 5—Manual of Burglary Insurance, Pages 212-
215; 333-336; 417 and 418
No. 6—Approved Equipment for Industrial Fire
Protection, 1962-1963, Associated Factory Mu-
tual Fire Insurance Companies
Exhibit Volume II
No. 7—Introductory letter from ADT General
Commercial Manager, A. E. Smith to Commer-
cial Superintendents and Representatives, dated
March 30, 1953 transmitting proposed ADT
Sales Manual, “Selling ADT Service” (ex-
cerpts)
No. 9—Agreement dated March 1, 1907 between
ADT and the Brooklyn Telegraph and Messen-
ger Company, Brooklyn, New York (excerpts)
No. 10—ADT acquisition agreement of the Mer-
chants Fire & Dispatch Company, Los Angeles,
California, dated August 1, 1907 (excerpts)...
No. 11—ADT acquisition agreement of the
Bankers’ Electric Protective Company and
American Bank Protection Company, dated
June 27, 1908
No. 12—ADT acquisition agreement of the Pink-
erton National Detective Agency and Pinker-
ton’s Protective Patrol, dated February 21, 1908
(excerpts)
No. 13—ADT acquisition agreement of The Stiii
Alarm Company, dated September 6, 1913 (ex-
cerpts)
No. 14—ADT acquisition agreement of the Man-
hattan Fire Alarm Company, dated April 9,
1917 (excerpts)
No. 15—ADT acquisition agreement of The Still
Alarm Company, dated November 27, 1918 (ex-
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovERNMENT’s Exuisits—Continued
INDEX
No. 16—ADT acquisition agreement of the Pacific
Messenger Company, dated September 9, 1926
roses ct i RAE EE Te Pet
No. L7—. acquisition agreement of the Ameri-
ean Stii! Alarm of Detroit, dated September 29,
1SGGE (et WNN 83 oss. ai ees ..
No. 18—ADY acquisition agreement of the Balti-
more National Automatic Fire Alarm Company
of Baltimore City, dated April 26, 1928 (ex-
CONN aS FEA AE RO ee,
No. 19—ADT acquisition agreement of the Spo-
kane Alarm Company of Spokane, Washington,
dated August 30, 1928 (excerpts)............
No. 20—ADT acquisition agreement of the Reli-
ance Electric Protective Company, Chicago, IIli-
nois, dated November 16, 1931 (excerpts).....
No. 21—ADT acquisition agreement of the Los
Fire Alarm Company, Los Angeles, California,
dated January 13, 1933 (excerpts)...........
No. 22—ADT acquisition agreement of the Lewis
Signal and Alarm Corporation, Sioux City,
Iowa, dated August 8, 1934 (excerpts).......
No. 23—ADT acquisition agreement of the Signal
Protective Service Company, St. Louis, Mis-
souri, dated February 8, 1935 (excerpts).....
No. 24—ADT acquisition agreement of the Auto-
matic Alarms, Ltd., Los Anyeles, California,
dated July 15, 1936 (excerpts). ............
No. 25—ADT acquisition agreement of the Los
Angeles Central Station, Inc., Los Angeles, Cali-
fornia, dated May 20, 1938 (excerpts) ......
No. 26-1—ADT acquisition agreement of the Reli-
ance Alarm Company, (R. Houghton) Detroit,
Michigan, dated August 9,1946 ............
26-2—ADT acquisition agreement of the Reli-
ance Alarm Company, (Peter Bens) Detroit,
Michigan, dated August 9,1946 .............
26-3— Schedule Showing Computation of Pur-
WN NN la ask hice ak so ek po kee AE OR
No. 27—ADT acquisition agreement of the Ameri-
can District Telegraph Company of Hamilton
County, Ohio, dated October 28, 1946 (excerpts)
No. 28-1—ADT acquisition agreement of the Lud-
low Automatic Fire Alarm Company, Cincin-
nati, Ohio, dated October 28, 1946 (excerpts) .
28-2—Memorandum for J. A. MacDonald, Audi-
tor Re: Purchase of Ludlow Companies, Cin-
cinnati, Ohio, dated December 2, 1946 (ex-
Original
1789
1793
1798
1808
1809
1810
1811
1816
1824
1829
1835
1837
1839
1840
1847
1199
1200
1202
1203
1204
1205
1206
1208
1209
1210
1211
1213
1216
1217
1220
INDEX x1
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovERNMENT’S Exuteits—Continued Original Print
No. 29—ADT acquisition agreement of the Crown
Burglar Alarm Systems, Pasadena, California,
dated May 13, 1954 (excerpts)............... 1857 1224
No. 30-1—ADT acquisition agreement of the
Globe Electric Protection Company, Ocean City,
New Jersey, dated June 8,1954.............. 1863 1227
30-2—Letter from Ray Brechbill to Harold H.
Gray, Globe Electric Protective, dated June 15,
1954 re amendments to agreement........... 1866 1231
No. 31—ADT acquisition agreement of the Gen-
eral Alarm Corporation, Boston, Massachusetts,
dated March 9, 1955 (excerpts).............. 1867 1232
No. 32—ADT acquisition agreement of the Fed-
eral Automatic Alarm Co., Ine., Albuquerque,
New Mexico, dated June 10, 1959 (excerpts).. 1869 1233
No. 37—Holmes acquisition agreement of the Mer-
eantile Burglar Alarm Company, New York,
New York, dated December 15, 1925 (excerpts) 1873 1236
No. 38—Holmes acquisition agreement of the
Metropolitan Electric Protective Company, New
York, New York, dated August 3, 1928 (ex-
ra ema ppc ire cake Fae bi ie sae 1875 1237
No. 39—Holmes acquisition agreement of the
Silent Electric Protective Corporation, New
York, New York, dated December 14, 1928 (ex-
SR Rp AN Bee iy Gay MORAN AG, 2 Shit Ae NaS 1889 1249
No. 40—ADT acquisition agreement of the Los
Angeles Central Station, Inc., Los Angeles, Cali-
fornia, dated May 20, 1938 (exeerpts) Sper en ot 1893 1251
No. 41—Memorandum from ADT President F.
Ward to ADT Vice President J. A. MacDonald,
captioned, Lewis System-Sioux City, Iowa,
dated November OP Wie rie PSN 1901 1254
No. 42—ADT acquisition agreement of the prop-
erty interest of Automatic Fire Protection Com-
pany in the 1907 allocation agreements, dated
January 1, 1949 (excerpts).................. 1902 1255
No. 43—Memorandum by ADT Vice President
A. E. Smith reporting on Meeting with owners
of Central Watch Service (Stackler), Chicago,
Illinois, dated February 10, 1960 (excerpts)... 1917 1267
No. 44—Memorandum from ADT Assistant to
General Sales Manager L. B. Straus to ADT
General Sales Manager L. J. O’Brien, cap-
tioned, Tulsa, Oklahoma, dated April 14, 1960 1922 1270
No. 45—Memorandum from ADT Vice President
A. E. Smith to ADT President E. Gaston, dated
po OTP RTT Terre t eee 1923 1271
xii INDEX
Record from the United States District Court for the Dis-
triet of Rhode Island—Continued
GovERNMENT’s Exnipits—Continued Original
No. 46—Memorandum by ADT Vice President
A. E. Smith captioned, Report on Tampa Sig-
nal Co., Ine., (Florida Corporation) dated
No. 47—Memorandum from ADT Vice President
A. E. Smith to ADT Vice President J. A. Mac-
Donald, captioned, Tampa Signal Company,
Ine., dated August 31, 1960
No. 48—Memorandum from ADT District Sales
Manager E. O. Betscher to ADT General Sales
Manager L. J. O’Brien, captioned, Tampa,
Florida, dated March 20, 1961
No. 49—Memorandum from ADT Vice President
A. E. Smith to President E. Gaston, captioned
Tampa Signal Company, Inc., dated March 23,
1960
No. 50—Letter from ADT President E. Gaston to
President H. G. Clark of the Rhode Island Elec-
tric Protective Company, dated October 1, 1958
No. 51—Letter from President H. G. Clark of
Rhode Island Electric Protective Company to
ADT President E. Gaston, dated July 8, 1955. .
No. 52—Letter from ADT President E. Gaston to
President H. G. Clark of the Rhode Island Elec-
trie Protective Co., dated June 16, 1955
No. 53—Memorandum from ADT President E.
Gaston to First Vice President J. A. Mac-
Donald, captioned, Rhode Island Electric Pro-
tective Company, dated July 28, 1958 1946
No. 54—Letter from Holmes President H. C.
Ward to The Stockholders of Newark District
Telegraph Company, dated July 7, 1960 1948
No. 55—Unsigned handwritten notes entitled
“Board of Directors Meeting, February 20,
1958”, obtained from the files of Holmes 1955
No. 56—Letter from AFA President T. P. Drew
to Grinnell President J. D. Fleming, dated May
1959
No. 57—Letter from AFA President T. D. Drew
to Central Station Signals, Inc., dated February
16, 1959 1962
No. 58—Memorandum for File by ADT President
E. Gaston, captioned, Central Station Signals,
Ine., New York, N.Y., dated May 22, 1959 ... 1967
INDEX xl
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’S ExHisits—Continued Original Print
No. 59—Memorandum from ADT President ¥.
Gaston, entitled, Appendix to President’s Re-
port for Meeting of November 19, 1959, dated
POU TE TO. aes OE PGE 1969 1305
No. 60—Letter agreement from AFA to The
Stockholders of Central Station Signzls, Inc.,
dated December, 1960....................... 1971 1306
No. 61—Agreement between ADT and Holmes,
dated September 28, 1906................... 1979 1312
No. 62—Agreement between ADT and Holmes,
dated March 26, 1918...................... 1983 1315
No. 63—Agreement between ADT and Holmes,
Gited Dane 26, TON ii AREAS 1992 1322
No. 64—Agreement between ADT and Holmes,
Gubed “asd 8; 206 6 eee ie Se... 2000 1329
No. 65—Letter from Holmes President A. W.
Allen to ADT President C. C. Johnson, dated
Teme 315, WN. i 2 ee ee 2005 1335
No. 66—Letter from “President” to Holmes Presi-
dent A. W. Allen, dated July 8, 1932......... 2006 1336
No. 67—Letter from ADT Vice President C. C.
Johnson to Holmes President H. S. Stevens,
dated January 31, 1924..................... 2007 1337
No. 68—Letter from Holmes President H. S.
Stevens to ADT Vice President C. C. Johnson,
dated February 4, 1924..................... 2008 1338
No. 69—Agreement between ADT and Holmes,
dated Marek 26, 1990. 22... ee... 2009 §=1338
No. 70—Letter from ADT Sales Representative
J. A. Summers to Holmes Vice President W. F.
Burress, dated June 11, 1956................ 2012 §=134i
No. 71—Memorandum from ADT District Sales
Manayer E. J. Heisley to General Sales Man-
ager L. J. O’Brien, captioned Gerard Trust
Company, Philadelphia Area, dated March 31,
ON re rs a i Se ee ee 2014 = 1343
No. 72—Letter from ADT President C. C. John-
son to Holmes President A. W. Allen, dated
See Te See ee eee 2016 1345
No. 73—Letter from ADT General Commercial
Manager A. E. Smith to ADT Commercial
Superintendent D. R. Hall, captioned, Ford
Motor Company, Parts Warchouse, Pittsburgh,
Pe Gates Mar WE Wee ee ee RATA: 2018 1346
xiv INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’S Exuisits—Continued Original Print
No. 74—Letter from ADT Sales Representative
E. C. Dowling to Jay Misicka, American-
Marietta Company, Chicago, Illinois, dated May
SL | CREAR oot een Pee eee ee 2019 1348
No. 75—Letter from Holmes “President” to ADT
President C. C. Johnson, dated June 28, 1939.. 2021 1350
No. 76—Letter from ADT President C. C. John-
son to Holmes President A. W. Allen, dated
ile SA ONE os cn fk Sed ES duane a 2022 1351
No. 77—Letter from ADT Special Representative
H. E. May to L. E. Burke, Sears, Roebuck and
Company, Philadelphia, Pennsylvania, dated
Ct Ba SN ake io os Kv oS ced 2023 1352
No. 78—Agreement dated February 18, 1904 be-
tween Robert L. McElroy and ADT.......... 2024 1353.
No. 79—Agreement dated April 21, 1905 between
Robert L. McElroy and Automatic Fire Pro-
MeN CHINN 0 sii oie bs HERG Oe Ree 2034 «= 1361
No. 80A, B, C—Three Agreements dated April 29, .
1907 between Grinnell, ADT, AFA and the
Automatic Fire Protection Company......... 2036 8=. 1362
No. 81—Agreement dated June 13, 1913 between
ADT, Automatic Fire Protection Company and
Fire Protection Development Company. ..... 2067 1387
No. 82—Letter agreement between ADT and Gen-
eral Fire Extinguisher Company (Grinnell)
ee a ee nee ee ee 2078 =: 1396
No. 83—Letter agreement between ADT and Gen-
eral Fire Extinguisher Company (Grinnell)
dated June 2, 1980.................-2--55- 2079 1397
No. 84—Agreement dated February 18, 1954 be-
tween ADT and AFA...................... 2080 1398
No. 85—Memorandum for File, by ADT Vice
President J. A. MacDonald, captioned, Grinnell
Corporation Negotiation, dated October 8, 1951 2085 1402
No. 86—Memorandum from Grinnell Counsel
R. T. Clapp to Grinnell President J. D, Flem-
ing, captioned, ADT Matter, dated November
S26.” atc aR pr aT re I rR nr 2096 «=: 1421
No. 87—Memorandum from Grinnell Counsel
R. T. Clapp to Grinnell President J. D. Flem-
ing, captioned, ADT Matter, dated January 5,
as CaN, uate dnen ad <a hibia ep cineaes> 2100 1425
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island —Continued
GoveRNMENT’s Exuisits—Continued - Original
No. 88—Memorandum of Grinnell Secretary and
Counsel R. T, Clapp entitled, Memorandum of
Conference at Mr. Ward’s Office, American Dis-
trict Telegraph Company, June 9, 1948, dated
No. 89—Agreement dated December 29, 1952, be-
tween ADT and Grinnell :
No. 92—Letter from ADT President E. Gaston to
Grinnell Treasurer C. H. Rison dated June 19,
No. 93—Letter from ADT President E. Gaston to
AFA President T. P. Drew dated January 13,
No. 94—Letter from AFA President T. P. Drew
to Grinnell President J. D. Fleming dated Feb-
No. 95—Letter from ADT President E. Gaston to
Grinnell President J. D. Fleming dated Feb-
No. 96—Memorandum from ADT Controller C. G.
Eicker to Vice President J. A. MacDonald, cap-
tioned—Rate Development—dated June 29, 1956.
No. 97—Letter from AFA Sales Manager J. J.
Heavey to Davis, Dorland & Co., New York,
No. 98—Letter from ADT Auditor J. A. Mae-
Donald to AFA President T. P. Drew, cap-
tioned—Solicitation of Industrial Process Ser-
vice in Conjunction with Soles of 8.8. & W.F.
Service—dated June 10, 1948
No. 104—Letter from ADT Assistant Secretary
E. A. Gaston to AFA President T. P. Drew,
eaptioned—Albert H. Voight, Inc., Philadelphia,
Pa.—dated July 7, 1961
No. 107—Letter from Grinnell Secretary R. T.
Clapp to AFA President T. P. Drew dated May.
No. i111—Agreement dated ecember 24, 1953 be-
tween ADT, AFA and Grinnell
No. 112— Letter from T. P. Drew, President of
AFA to F. J. Lehner, L. W. Thomason, F. Dur-
ward Clase and A. G. Seddon, dated December
21, 1954 re transmittal of Letter Agreement
dated December 15, 1954 between ADT, AFA
NG SN is 10” win. oo ech ee cea 2200
xvi INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovernMENT’s Exuisits—Continued Original
No. 128—Agreement dated March 29, 1954 be-
tween ADT, Grinnell and the Rhode Island
Electric Protective Company 2205
No. 129—Agreement dated March 29, 1954 be-
tween ADT and the Rhode Island Electric Pro-
tective Company. 2212
No. 130—Memorandum from ADT Vice President
J. A. MacDonald to ADT Secretary John Han-
non dated December 10, 1953 2218
No. 131—Letter from ADT Vice President A. E.
Smith to President H. G. Clark of the Rhode
Island Electrie Protective Company dated De-
No. 132—-Letter from Rhode Island Electric Pro-
- tective Company President H. G. Clark to ADT,
dated February 5, 1963
No. 133—Letter from Rhode Island Electric Pro-
tective Counpany President H. G. Clark to Grin-
nell, dated January 19, 1961
No. 139—Memorandum from ADT District Sales
E. J. Heisley to ADT General Sales
Manager L. J. O’Brien, captioned, Competition-
Washington District, dated September 14, 1956
No. 140—Memorandum from ADT Superintend-
ent of Field Service R. T. Warner to ADT
General Commercial Manager A. E. Smith,
captioned, Competition-Milwaukee, dated May
No. 141—Memorandum from ADT District Sales
Manager W. K. Francis to ADT General Sales
Manager L. J. O’Brien, captioned, Competition-
Paramount Pictures Corporation, Los Angeles,
California, dated August 10, 1956
No. 142—Memorandum from ADT District Sales
Manager W. K. Francis to ADT General Sales
Manager L. J. O’Brien, captioned, Paramount
Pictures Corporation, Los Angeles, California,
dated May 9, 1957..... BE NTR EY
No. 143—Memorandum from ADT Assistant to
General Sales Manager W. W. Dooley entitled,
Report on Survey of Sales Potential, San Jose
Peninsula, (Not dated)
No. 144—Memorandum from ADT District Man-
agers to ADT General Managers, captioned,
Competition-Peoria, Illinois, dated December 12,
INDEX xvii
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovernMENT’s Exuisits—Continued Original Print
No. 145—Handwritten confidential memoranda
from ADT Representative W. Rohlfing cap-
tioned Call’s Police Signal, Chelsea, Massachu-
setts, dated July 16, 1956................... 2238 1559
No. 146—Memorandum from ADT District Sales
R. T. Warner to ADT Vice President
A. E. Smith, captioned, Call’s Police Signal
Corporation, Chelsea, Mass., dated September
OA, BOG i BS A SE. 2242 8=61561
No. 147—Memorandum (unsigned) to ADT Dis-
trict Sales Manager E. Turnbull, captioned,
Competition; Merchants Police, Milwaukee,
Wisconsin, dated July 30, 1955.............. 2243 4 8= 1562
No. 148—Memorandum from ADT Sales Repre-
sentative R. P. Lucy to ADT District Sales
Manager W. K. Francis, captioned Competition-
Bay Burglar Alarm Company, dated March 28,
No. 149—Memorandum from ADT District Sales
Manager W. K. Francis to ADT Commercial
Superintendent E. B. White, captioned General
Plant Protection Company, Los Angeles, Cali-
fornia, dated May 15, 1952.................. 2246 1565
No. 150—Memorandum from ADT District Man-
agers to ADT General Managers, captioned
Proposed Central Station-Anaheim (Orange
County) California, dated July 26, 1960..... 2247 1567
No. 151—Memorandum from ADT General Su-
perintendent, Operating Department to ADT
Vice President J. A. MacDonald, captioned,
Proposed Central Station, San Jose, California,
dated March 24, 1959 . .................. 2250 1570
No. 152—Memorandum from ADT General Su-
perintendent of Plant W. Hable to ADT Gen-
eral Sales Manager L. J. O’Brien, captioned,
Proposed Central Station-San Jose, California,
dated March 20, 1959....................... 2251 1571
No. 153—Memorandum from ADT District Man-
agers to ADT General Managers, captioned Pro-
posed Central Station-San Diego, California,
- Gated March 4 1000. 22.25. eres 2252 1572
No. 154—Memorandum from ADT Vice President
A. E. Smith to ADT Vice President J. A. Mac-
Donald dated August 3, 1960. . 2254 1575
XViii
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GOVERNMENT’s Exxisits—Continued
No. 155—Memorandum from ADT President E.
Gaston to ADT Vice President J. A. Mac-
Donald, captioned, Proposed New Central Sta-
tion-San Fernando Valley-Los Angeles, Cali-
fornia, dated July 12,1961..................
No. 156—Memorandum from ADT Vice President
A. E. Smith to ADT Vice President J.A. Mac-
Donald, captioned Proposed New Central Sta-
tion, Huntington Park, Los Angeles, dated June
Dy I ho ky A OS ak en AS Das
No. 157—Memorandum from ADT District Man-
agers to ADT General Managers, captioned Pro-
posed Central Station, New Brunswick, New
Jersey, dated July 13, 1959 (excerpts).......
No. 158—Memorandum from ADT Exeeutive Ac-
count Representative F. J. Concannon to ADT
General Sales Manager L. J. O’Brien, cap-
tioned, New Central Station, Nassau County,
Long Island City, N.Y., dated August 17, 1955
No. 159—Memorandum from ADT Vice President
J. A. MacDonald to ADT General Commercial
Manager A. E. Smith, captioned, Possible Estab-
lishment of Central Station at Jamaica, Long
Isla:.d, dated April 14, 1952.................
No. 160—Memorandum from ADT District Man-
agers to ADT General Managers, captioned,
Proposed New Central Station, San Fernando
Valley, dated July 26,1960..................
No. 161—Memorandum from ADT District Plant
Superintendent J. F. Burns to W. Hable, cap-
tioned, Proposed sub-divisions of existing Cen-
tral Stations-New York District, dated Decem-
Wee Br eis Bik I soe oie lss.:
No. 163—Memorandum from ADT Director of
Diversification & Expansion J. J. Stephens to
ADT Vice President A, E. Smith, captioned,
Sales Potential, Westchester County, New York,
dated December 20, 1957....................
No. 164—Memorandum from ADT Vice President
to ADT President Gaston, captioned, Charlotte,
North Carolina, dated July 6,1960..........,
No. 167—Memorandum from ADT First Vice
President J. A. MacDonald to ADT Controller
C. G. Hicker, captioned, Rate Development,
Gated duly 12, 1066: oo .u ic. cece ceeess
No. 168—Memorandum by ADT Vice President
J. A. MacDonald, captioned, Rate Adjustment
1959, dated November 10, 1959..............
Original
2264
2268
1576
1578
1581
1583
1587
1592
1594
1599
1602
1605
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovERNMENT’s ExuisiTs—Continued Original Print
No. 169—Memorandum from ADT First Vice
President J. A. MacDonald to ADT Vice Presi-
dent A. E. Smith, captioned, Minimum Basic
No. 170—Memorandum from ADT President E.
Gaston to ADT First Vice President J. A. Mac-
Donald, captioned Rate Development, dated
Jaly. 31, TG: FS BERG AAS
No. 171—Memorandum
H. C. Ward, entitled, Holmes Electric Protec-
tive Company of Philadelphia, Proposed 1957
Electric Protective Service Rate Revision, dated
February 18, 1957 (exeerpts)................ 2291 1612
No. 172—Memorandum by Holmes President
H. C. Ward, entitled, Revision of Electric Pro-
tective Service Rates Proposed for Adoption
for Mercantile and Residence Services, May 1,
1953, and for Financial Institution Service June
1, 1953, dated February 25, 1953............. 2296 61617
No. 173—Memorandum for File (unsigned) cap-
tioned, Projected Cash Resources and their Ap-
plication, Five year Period ending December 31,
SOD ib FREER ics BO eC i a Re Pee 2297 1619
No. 174—Memorandum from ADT District Sales
Manager E. Turnbull to ADT General Sales
Manager L. J. O’Brien, captioned Sales Produc-
tion-Integrity of Service Charges, dated Sep-
tember 17, 1957
Exhibit Volume IIT
No. 175—Contract Data Reports and Competition
Reports for Albany, New York (excerpts).... 2304 1629
No. 176—Contract Data Reports for Atlanta,
Georgia (excerpts)...........6.606 ccc ce eee 2316 1635
No. 177—Contract Data Reports and Competition
Reports for Boston, Massachusetts (excerpts)... 2323 1642
No. 178—Contract Data Reports for Buffalo, New
Weegee COMI 5 oak in 0s sea oe Woes ee Goo has 2350 1665
No. 179—Contract Data Reports and Competition
Reports for Chicago, Illinois (excerpts)...... 2368 1677
No. 180—Contract Data Reports and Competition
Reports for Cincinnati, Ohio (excerpts) .... 2398 1700
No. 181—Contract Data Reports and Competition
Reports for Cleveland, Ohio (excerpts)
xx INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GOVERNMENT'S Exuisits—Continued Original = Print
No. 152—Contract Data Reports and Competition
Reports for Dallas, Texas (excerpts)......... 2445 1738
No. 183—Contract Data Reports and Competition
Reports for Dayton, Ohio (excerpts)......... 2470 1755
No. 184—Contract Data Reports and Competition
Reports for Denver, Colorado (excerpts)...... 2486 1766
No. 185—Contract Data Reports and Competition
Reports for Detroit, Michigan (excerpts)... .. 2500 1780
No. 186—-Contract Data Reports and Competition
Reports for Houston, Texas (excerpts)....... 2515 1790
No. 187—Contract Data Reports and Competition
Reports for Indianapolis, Indiana (excerpts).. 2527 1801
No. 188—Contract Data Reports and Competition
Reports for Los Angeles, California (excerpts) 2551 1813
No. 189—Contract Data Reports for Louisville,
Kentucky (excerpts)........................ 2566 1823
No. 190—Contract Data Reports for Memphis,
Tennessee (excerpts)....................... 2576 1831
No. 191—Contract Data Reports and Competition
Reports for Milwaukee, Wisconsin (excerpts).. 2589 1839
No. 192—Contract Data Reports and Competition
Reports for Minneapolis, Minnesota (excerpts) 2619 1855
No. 193—Contrect Data Reports and Competition
Reports for Newark, New Jersey (excerpts)... 2632 1864
No. 194—Contract Data Reports for New
Orleans, Louisiana (excerpts)............... 2644 1872
No. 195—Contract Data Reports and Competition
Reports for New York, New York (excerpts).. 2653 1879
No. 196—Contract Data Reports for Omaha, Ne-
braska (excerpts)...................0.040.. 2670 1895
No. 197—Contract Data Reports and Competition
Reports for Peoria, Illinois (excerpts)........ 2678 1901
No. 198—Contract Data Reporis and Competition
Reports for Philadelphia, Pennsylvania (ex-
| BUSS A allan RRS Me El nh a Ran 2686 1906
No. 199—Contract Data Reports for Portland,
Oregon (excerpts)....................0.0 00 2696 1915
No. 200—Contract Data Reports and Competition
Reports for San Francisco, California (ex-
OT RG TAIN 4 aE SS a a oe 2704 =61922
No. 201—Contract Data Reports for Seattle,
Washington (excerpts)....................., 2710 1928
No. 202—Contract Data Reports and Competition
Reports for St. Louis, Missouri (excerpts).... 2720 1935
No. 203—Contract Data Reports and Competition
Reports for Washington, D. C. (excerpts)... .. _ 2781 1945
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GovERNMENT’s Exuipits—Continued
No. 206—Report on ADT General Sales Meeting
April 6, 7 and 8, 1955, at the New York Athletic
Club
No. 208—Memorandum from ADT Vice President
to ADT President E. Gaston, captioned, Service
Charges—Proposed Revision, dated November
Oh MG aa ieiasta. Ai Ria a8
No. 209—Memorandum for File by ADT Vice
President J. A. MacDonald, captioned, Rate
Development, dated November 17, 1955.......
No. 210—Memorandum for File by ADT Vice
President, J. A. MaeDonald, captioned, Rate
Adjustments 1959, dated November 10, 1959. .
No. 212—Directive issued by ADT Vice President
A. E. Smith and Concurred in by ADT Presi-
dent E. Gaston to ADT District Sales Managers,
captioned, Delegation of Authority, with Sup-
plement, issued on July 1, 1960 .............
No. 213—Memorandum from ADT President E.
Gaston to ADT General Sales Manager L. J.
O’Brien, captioned R. H. Macy, Paramus, N. J.,
dated December 29, 1955
No. 214—Memorandum from ADT Sales Repre-
sentative D. M. Gates to ADT Executive Ac-
counts Representative Alex Gaston, captioned,
McAlpin Company, Cincinnati, Ohio, dated
Age: Ta TR i A ERT eG
No. 215—-Memorandum from ADT Commercial
Superintendent J. B. Bodley to ADT General
Sales Manager A. E. Smith, captioned, Federal
Engineering Co., Inc., Washington, D. C., dated
November 14,1952. .......... 00,00... 0.005.
No. 216—Memorandum from ADT General Sales
Manager L. J. O’Brien to ADT District Sales
Manager W. J. Robinson, captioned, Competi-
tion, Fidelity Electronics Protective Service,
Pittsburgh, Pensylvania, dated March 14, 1961
No. 217—Memorandum from ADT District Sales
Manager E. J. Heisley to ADT General Sales
Manager L. J. O’Brien, captioned, National Pro-
tective Corporation, Baltimore, Maryland, dated
Coteber. OF, 200B 5. 60 RED os
No. 218—Memorandum from ADT District Sales
Manager E. Turnbull to ADT General Sales
Manager L. J. O’Brien, captioned, Competi-
tion—Autocall and Automatic Alarm, Minne-
apolis, Minnesota, dated March 13, 1959
Original
2748
2780
2784
2785
2791
2792
2793
2794
2795
2012
2013
2021
2022
2023
2024
Xxii INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’S Exnisits—Continued Original Print
No. 219—Memorandum from ADT District Sales
Manager J. D. Patton to ADT General Sales
Manager L. J. O’Brien, captioned, Competi-
tion—Fort Worth, dated December 22, 1958... 2799 2028
No. 220—Memorandum from ADT Sales Repre-
sentative R. W. Rice to ADT District Sales
Manager J. D. Patton, captioned, New District
Account—Letellier-Phillips Paper Co., New
Orleans, La., dated January 14, 1960......... 2800 2029
No, 221—Memorandum from ADT District Sales
Manager E. J. Heisley to ADT Sales Repre-
sentative L. F. Lytle, Keg spores Reliable Stores
Corp., Washington, D. C., dated November 22,
WOR oA A aie AUIS We 2802 2031
No. 222—Comparative Summary of Percentages
of Minimum Basie Charges Secured at each
ADT central station in the United States for
the years 1957 through 1961................. 2804 2033
No. 223—Memorandum from ADT District Sales
Manager 4. S. Jacks to ADT General Sales
Manager L. J. O’Brien, captioned, Competi-
tion—Dayton, Ohio, Liberal Markets, Inc.,
dated Amgust 8, 1001». ...2:..0004..6860. 2811 2039
No. 224—Memorandum from ADT Commercial
Superintendent J. B. Bodley to ADT General
Commercial Manager A. E. Smith, captioned,
Federal Engineering Co., Washington, D. C.,
Gubed: Game GIONS os ie 2813 2041
No. 225—Memorandum from ADT General Sales
Manager L, J. O’Brien to ADT District Sales
Manager J. K. Scott, captioned, York Profes-
sional Pharmacy, Los Angeles, California, dated
TORY BR ask Rive oes Hee 2814 2042
No. 227—-Memorandum from ADT District Sales
Manager E. J. Heisley to ADT General Sales
Manager L. J. O’Brien, captioned, Competition
(rumored) Philadelphia, Pennsylvania, dated
Cabeieat TR: 2000s oS ses ek ec.’ 2815 2043
No. 228—ADT central station protection service
Contract Forms for Watchman’s Reporting and
Manual Fire Alarm Service, Automatic Fire
Alarm Service, Sprinkler Supervisory and
Waterflow Alarm Service and Burglary and
Holdup Protection Service... . ...... 2818 2047
No. 229—Memorandum from ADT District Sales
Manager C. L. Chafee to ADT Vice President
A. E. Smith, captioned, Regional Sales Confer-
ences and District Sales Meeting 1955, dated
WU Dy BEES vs oa oo ccs peewewk ci cys 2822 2055
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoverNMENT’s Exuisits—Continued Original
No. 230—Memorandum from ADT Controller
C. G. Eicker to ADT First Vice President J. A.
MacDonald, captioned, Tampa, Florida, dated
No. 231—Memorandum from ADT Vice President
J. A. MacDonald to ADT Controller C. G.
Eicker, captioned, Advance Service Charge for
Sprinkler Supervisory and Waterflow Alarm
Services, dated August 5, 1953
No. 232—Memorandum (unsigned)
Charges Proposed by Commercial Department
for all types of Sprinkler Supervisory and
Waterflow Alarm Service and Waterflow Only
Service (not dated)
No. 233—Memorandum from ADT Controller
C. G. Eieker to ADT First Vice President J. A.
MacDonald, captioned, Rate Development, dated
No. 234—Memorandum from ADT Controller
C. G. Eicker to ADT First Vice President J. A.
MacDonald, captioned, Rate Development, dated
No. 235—ADT Tabulation (unsigned) entitled,
Proposed Revision in Advance Service Charges
8/28/56
No. 236—Annual Report of the Holmes Electric
Protective Company and Subsidiaries for the
year 1960 (excerpts)
No. 237—Memorandum from ADT Commercial
Superintendent E. O. Betscher to ADT General
Commercial Manager A. E. Smith, dated May
No. 238—Memorandum from ADT President E.
Gaston to ADT General Sales Manager R.
Brechbill, captioned, Owl Protective Company,
Long Island City, N.Y., dated November 7, 1962
No. 239—Memorandum for File by ADT Vice
President AES, captioned, Competition, Call’s
Police Signal Co., Chelsea, Massachusetts, dated
July 26, 1956
No. 240—Memorandum from ADT General Sales
Manager L. J. O’Brien to ADT District Sales
Manager A. S. Jacks, captioned, Competition,
Buffalo, New York, dated September 8, 1959.. 2850
xxiv INDEX
Record from the United States District Court for the Dis-
triet of Rhode Island—Continued
GovERNMENT’S Exuisits—Continued Original
No. 241—Memorandum from ADT District Sales
Manager R. T. Warner to ADT General Sales
Manager L. J. O’Brien, captioned, Cole-Hersee
Company, South Boston, Massachusetts, dated
No. 242—Memorandum from ADT Sales Repre-
sentative G. V. Roach to ADT Assistant to
General Sales Manager R. Brechbill, captioned,
Quality Wool Quilting Corp., Astoria, New
York, dated August 8, 1961
No. 243—Memorandum from ADT District Sales
Manager E. J. Heisley to ADT Special Repre-
sentative H. E. May, captioned, Bellevue Strat
ford Hotel and Benjamin Franklin Hotel, Phi
delphia, Pa., dated September 23, 1960
No. 244—Memorandum from ADT Sales Repre-
sentative R. F. Michiel, Sr., to ADT District
Sales Manager E. Turnbull, captioned, Request
for Competitive Quotation to Secure Agreement
for SS & WFA with a new Subscriber, Mil-
waukee Forge and Machine Company, dated
No. 245—Memorandum from ADT District Sales
Manager R. T. Warner to ADT General Sales
Manager L. J. O’Brien, captioned, Raymond’s,
Inc., South Boston, Mass., dated August 9, 1958
No. 246—Memorandum from AFA Commercial
Representative J. J. Way to AFA Vice Presi-
dent L. W. Thomason, captioned, Morris Fish-
man & Sons, Inc., Philadelphia, Pa., dated No-
vember 13, 1957
No. 247—Memorandum from ADT Special Repre-
sentative F. E. Miller to ADT District Sales
Manager E. Turnbull, captioned, Continental
Can Company, Milwaukee, Wisconsin, dated
No. 248—Memorandum from ADT Sales Repre-
sentative A. A. Balestrino to ADT District Sales
Manager A. S. Jacks, captioned, Hyde Park
Lumber Co., Cincinnati, Ohio, dated July 28,
1960
No. 250—Memorandum from ADT District Sales
Manager E. J. Heisley to ADT General Man-
ager L. J. O’Brien, captioned, Nationwide Safti
Brake Co., Falls Church, Virginia, dated April
2863
No. 251—Memorandum from ADT Sales Repre-
sentative C. J. Lawson to ADT District Sales
Manager D. R. Hall, datéd January 14, 1958.. 2865
INDEX xxV
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’S Exuisits—Continued Original Print
No. 252—Memorandum from ADT First Vice
President J. A. MacDonald to ADT President
E. Gaston, captioned, Maleolm Goldstone, Owl
Protective Co., dated February 9, 1962........ 2866 2097
No. 253—Memorandum from ADT District Sales
Manager J. K. Swanson to ADT General Sales
Manager L. J. O’Brien, captioned, Wright-
Bachman, Inc., Indianapolis, Indiana, dated
Gaptember 13, 1008. «as CA Bs 2869 2099
No. 254—Memorandum from ADT Sales Repre-
sentative W. J. King to ADT Special Repre-
sentative H. E. May, captioned, Phileo Dis-
tributors, Inc., Milwaukee, Wisconsin, dated
Webwanny-38, 1000... 3 US 2870 =. 2100
No. 255—Memorandum from ADT Sales Repre-
sentative B. W. Henke to ADT Executive Ac-
counts Representative F. J. Concannon, eap-
tioned, American Brass Company, Cleveland,
Ohio, dated April 19, 1956.................. 2872 2101
No. 256—ADT General Instructions No. 77, en-
titled, Contract Procedures, issued July 11, 1960 2874 2103
No. 257—Memorandum from ADT Special Repre-
sentative J. R. Norris to ADT Commercial Su-
perintendent C. L. Chafee, captioned, National
Can Corp., Cleveland, Ohio, dated July 23, 1954 2878 2110
No. 258—Memorandum from ADT Sales Repre-
sentative S. J. Sievers to ADT Executive Ac-
counts Representative H. Schultz, captioned,
Foley’s, Houston, Texas, dated September 22,
OR RRS A Ss 2879 2112 ©
No. 259—Memorandum from ADT Sales Repre-
sentative J. P. Dunn to ADT National Accounts
Representative F. J. Concannon, captioned,
Johns-Manviile Corp., Los Angeles, California,
Gated Juné: 26, 1006: 53.62 2880 2113
No. 260—Letter from A. F. Greenwood of Gov-
ernment Employees Exchange, Inc., to D. R.
White, Albany Protective Service, Albany, New
York, dated August 7, 1961................. 2881 2114
Exhibit Volume IV
No. 261—Memorandum from ADT Manager,
Field Service Division, R. Brechbill to ADT
General Manager of Sales Production L. J.
O’Brien, captioned, Procter & Gamble Com-
pany, Cincinnati, Ohio, Cleveland District Na-
tional Account, dated September 1, 1955... ... 2882 2115
XXvi INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoverNMENT’s Exuisits—Continued Original
No. 264—Memorandum from ADT Sales Repre-
sentative J. D. Patton to ADT Executive Ac-
eounts Representative F. J. Concannon, cap-
tioned, Franklin’s, Dallas, Texas, dated Decem-
No. 265—Memorandum by ADT Vice President
A. E. Smith to File, captioned, Renewal Agree-
ment, R.K.O. Pictures, Los Angeles, California,
dated June 29, 1956
No. 266—Memorandum from ADT District Sales
Manager R. T. Warner to ADT General Sales
Manager L. J. O’Brien, captioned, The Van
Heusen Charles Co., Albany, New York, dated
No. 267—Memorandum from ADT Special Repre-
sentative H. E. May to ADT Executive Ac-
counts Representative F. Concannon, captioned,
American Sugar Refining Company, Phila-
delphia, Pennsylvania, dated December 12, 1961
No. 268—Contract agreement for Alarm Engi-
neering Service of the Dayton Electronics
Alarm and Signal Co., 530 West Second Street,
No. 269—Memorandum from ADT Special Repre-
sentative H. E. May to ADT Executive Ac-
counts Representative F. J. Concannon, dated
January 18, 1960 (excerpts)
No. 270—Memorandum from ADT Specia!. Repre-
sentative H. E. May to ADT Sales Representa-
tive F. Shadell, captioned, Swern & Company-
Lit Brothers, Trenton, dated January 5, 1962. .
No. 271—Memorandum from ADT District Sales
Manager E. J. Heisley to ADT General Sales
Manager L. J. O’Brien, captioned, City Stores,
Ine., Philadelphia, Pa., dated January 19, 1960
No. 275—Memorandum from ADT District Sales
Manager L. M. De Shane to ADT General Sales
Manager L. J. O’Brien, captioned, Ralston
Purina Company, Various Locations, U.S.A.,
No. 276—Annual Report of the American District
Telegraph Company for Fiscal Year 1953 (ex-
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’s Exxisits—Continued Original
No, 277—Letter from ADT Vice President J. A.
MacDonald to Grinnell Secretary and Counsel
R. T. Clapp, dated July 2, 1953 2915
No. 278—ADT General Circular No. 222, entitled,
Direct-Connected Fire and Burglar Alarm Ser-
vice, signed by ADT Vice President A. E.
Smith, dated April 27, 1955
No. 279—Memorandum from ADT General Com-
mercial Manager A. E. Smith to ADT Commer-
cial Superintendent C. L. Chafee, captioned,
Competition—Automatic Fire Alarm Systems,
Columbus, Ohio, dated March 9, 1953
No. 280—Memorandum from ADT Assistant Di-
rector of Public Relations R. M. Bugbee to
ADT Director of Public Relations A. W. Sulli-
van, captioned, Proposed Ordinance—City of
Newark, dated December 20, 1962
No. 281—Memorandam from ADT District Sales
Manager E. J. Heisley to ADT General Sales
Manager L. J. O’Brien, captioned, Competition,
Atlanta, Georgia, dated September 15, 1955 ..
No. 282—Memorandum from ADT Assistant
Commercial Superintendent, W. K. Francis to
ADT General Commercial Manager A. E.
Smith, captioned, Regional Conferences, June
4-6 and 18-20, 1953, Competition District No. 9,
dated June 9, 1953 (excerpts)
No. 283—Memorandum by Holmes Sales Man-
ager, C. K. Empringham to File, captioned,
Maleolm Goldstone, Central Office Alarm Com-
No. 284—Letter from Holmes President H. C.
Ward to Grinnell Secretary and Counsel R. T.
Clapp, dated September 25, 1952
No. 285—Memorandum from ADT General Com-
mercial Manager A. E. Smith to ADT Com-
mercial Superintendents, captioned, Proprietary
Systems, dated October 5, 1963 (excerpts)....
No. 286—ADT Pamphlet reporting on ADT Pro-
tection Service for 1960 (excerpts)
No. 287—Memorandum from ADT First Vice
President J. A. MacDonald to ADT President
E. Gaston, dated June 6, 1957
xxXvil INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’s Exuisits—Continued Original Print
No. 288—Minutes of Meeting of the Burglary
Rating Committee of the National Bureau of
Casualty Underwriters, April 25, 26, 27,1950.. 2972 2181
No, 289—Letter from Holmes President H. C.
Ward to Grinnell Secretary & Counsel R. T.
Clapp, dated October 10, 1952............... 2974 2184
No. 291—ADT Leaflet entitled, Astute Business
Executives are Constantly Proving that it Pays
2 Ways to Protect Property Automatically,
Better Protection and Lower Cost........... 2977 2187
No. 292—Memorandum from ADT Associate Di-
rector of Diversification & Expansion G. E.
Friedli to ADT Director of Diversification &
Expansion J. J. Stephens, captioned, San Jose
Peninsula Survey, dated November 28, 1956... 2978 2109
No. 294—Memorandum from ADT Commercial
Superintendent C. L. Chafee to ADT General
Commercial Manager A. E. Smith, captioned,
Competition—Cincinnati, Ohio, dated Septem-
her 9 Sige OG en es 2981 2191
No. 295—Memorandum from ADT President E.
Gaston to ADT Vice President A. E. Smith,
captioned San Diego, California, dated October
SB, WE 6 See Pek EL. 2982 2192
No. 296—ADT Acquisition Agreement of the
United Electric Service Company, New York,
New York, dated July 21, 1931 (excerpts).... 2983 2193
No. 297—ADT Acquisition Agreement of the
Auxiliary Fire Alarm & Telegraph Co., Phila-
delphia, Pennsylvania, dated March 26, 1930
(excerpts)
No. 298—AFA central station protection Service
Contiset Dorms is: ohio 5 EI 2B SS 2995 2199
No. 299—Memorandum from AFA Vice President
F. D. Chase to AFA President T. P. Drew, cap-
tioned, Competition, dated September 4, 1958.. 2998 2202
No. 300—Memorandum from ADT Sales Repre-
sentative J. J. Visearde to ADT Assistant to
General Sales Manager J. B. Bodley, captioned,
Ivers-Lee, Newark, New Jersey, dated June 16,
No. 302—Memorandum from ADT Government
and Special Sales Division Manager J. O.
' Maxey to ADT General Sales Manager L. J.-
O’Brien, captioned, Competition, Owl Protec-
tive Company, New York, New York, dated
NE Bi se SS a a ee es 3001 2206
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoveRNMENT’s ExHiBits—Continued Original Print
No. 303—ADT Leaflet, entitled, Municipalities
Served by ADT Central Stations............ 3003 2208
No. 304—List of Approved Central Station Pro-
tection Service Companies which Were listed by
Underwriters Laboratories, Ine., on December
CR ica cca k ues cee e bac bobeaene 3007 =—s_- 2216
No. 305—Underwriters Laboratories, Ine. list of
approved central station protection companies
with the effective listing date................ 3011 2222
No. 306—Letter from A & P Transport, Inc.,
President E. G. Snow to Joseph Forman, Call’s
Police Signal Corporation, Chelsea, Massachu-
setts, dated July 9, 1959.................... 3018 2228
No. 307—Holmes central station protection ser-
viee contract forms......................... 3019 2229
No. 308—Stipulation No. 1, Stipulation as to the
authority of the documents offered into evidence
Wo Pte se WW Es 3022 2235
No. 309—Stipulation No. 2, Stipulation as to the
volume of commerce across State and District
of Calne: Bt oh 28a 3 Os, 3058 2260
No. 310—Stipulation No. 3, Relative market posi-
tion of central station protection service com-
panies in Underwriters Laboratories, Inc., Cer-
tificated central station burglar alarm service.. 3062 2263
No. 311—Stipulation No. 4, Relative market pcsi-
tion of alarm companies in Underwriters Lab-
oratories, Ine., certificated local burglar alarm
Mepvidi. 165i ie a EN 3064 2264
No. 312--Stipulation No. 5, Relative market posi-
tion of central station protection service com-
panies in the approved station protection service
business in the United States................ 3067 2266
No. 313—Designation of answers of the American
Distriet Telegraph Company to interrogatories
propounded by Plaintiff (excerpts).......... 3082 2279
No. 314—Designation of answers of the Holmes
Electric Protective Company to interrogatories
propounded by Plaintiff..................... 3110 =. 2301
No. 315—Designation of answers of the Auto-
matic Fire Alarm Company of Delaware to
interrogatories propounded by Plaintiff....... 3129 2318
No. 316—Designation of answers of the Grinnell
Corporation to interrogatories propounded by
PUM ccs eS AEDS IS, 3149 2337
No. 317—Excerpts of deposition testimony of
George F. Allebach, Sr., Insurance Reiing Bu-
reau of the District of Columbia
xxx INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GOVERNMENTS Exuisits—Continued Original Print
No. 318—Excerpts of deposition testimony of
Emerson M. Booher, Dayton Electronics Alarm
@ Biel, Tees. ek. A ee: 3238 2392
No. 319—Excerpts of deposition per ono of
James H. Bray, Alarm Signal Company of
IE races hs Skee ae ehee Wedea es cetastes 3284 2418
No. 320—Excerpts of deposition testimony of
John D. Brosnan, Federal Engineering Com-
WN, Mss aos» se.0 oe LeT ORO Rae yan 3315 2432
No. 323—Excerpts of deposition testimony of
Eugene Curran, Robinson Protective Alarm
NM es, Aare ae ees 3439 =: 2488
No. 324—Excerpts of deposition testimony of
Clarence S. Damon, Damon Alarm Corporation 3457 2497
No. 325—Excerpts of deposition testimony of
Clifford T. Davis, Protection Engineering Corp. 3498 2517
No. 326—Excerpts of deposition testimony of
James W. Flotron, Potter Electric Signal Co... 3550 2545
No. 328—Excerpts of deposition testimony of
Joseph Forman, Ow! Protective Company, Gen-
eral Burglar Alarm Company................ 3723 2627
Exhibit Volume V
No. 329—Excerpts of deposition testimony of
Maleolm Goldstone, Central Office Alarm Com-
WN Bi i or ekuk «iss ekg a toate descr. <0: 3778 2647
No. 330—Excerpts of deposition testimony of
Malcolm Goldstone, Owl Protective Company,
General Burglar Alarm Company............ 3895 2705
No. 331—-Excerpts of deposition testimony of
Harold W. Gray, American Burglar Alarm Co.
(Pacific Extinguisher Co.)................... 3955 2735
No. 333—Excerpts' of deposition testimony of
Sarah E. Jackson, Denver Burglar Alarm Com-
"pany
No. 334—Excerpts of deposition testimony of
Edward J. Lavino, Sentinel Alarm Corporation 4142 2841
No. 336—Excerpts of deposition testimony of
Thomas M. Lewin, Automatie Alarm Corpora-
WS cette: Cas Shaheed. dine a es ee 4170 2854
No. 337—Excerpts of deposition testimony of
Gerald J. Linder, American Fire Dispatch, Ine. 4233 2879
No. 338—Exeerpts of deposition testimony of
Thomas L. Lugen, Fidelity Electronic Protective
ES aby Seo age th Ie i me en ae ee 4253 2888
INDEX xxxi
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued :
GovERNMENT’S ExuHisits—Continued Original = Print
No. 339—Excerpts of deposition testimony of
James H. McDowell, Central Station Signals,
BOB ies Kae tay Set Ria sci 4280 2897
No. 340—Excerpts of deposition testimony of
Kenneth 8. Mci‘arian, Jr., Republic Alarm
Comte 55 O55 e555 Fe ee eS 4341 2919
No. 341—Execerpts of deposition testimony of
Peter J. Neumann, Albany Protective Service.. 4389 2933
No. 342—Excerpts of deposition testimony of
Ephraim B. Oberlander, Protection Alarms, Inc. 4414 2943
No. 343—Excerpts of deposition testimony of
Arthur T. Orner, Morse Signal Devices, Inc... 4461 2961
No. 345—Excerpts of deposition testimony - of
Shelton Phillips, Potter Electric Signal Com-
por ae CR eis. cacborek ns ie sank xens 4501 2974
No. 346—Excerpts of deposition testimony of
Donald D. Pillsbury, National Bureau of
Casualty Underwriters....................,. 4527 2980
No. 347—Excerpts of deposition testimony of
» Henry J. Poile, Kedzie-Kane Alarm Co....... 4558 3004
No. 348—Excerpts of deposition testimony of
Charles C. Porch, Factory Mutual Rating
PN aint td's Centon cb ons ewan. ak 4599 3019
No. 349—Excerpts of deposition testimony of
Walter W. Richardson, American Alarm Com-
WO Fs is ibs oie S rah a ein aoe eee dans 4621 3027
No. 351—Excerpts of deposition testimony of
James E. Rose, Michigan Still Alarm Co...... 4647 3035
No. 352—Excerpts of deposition testimony of
George W. Saunders, Underwriters Laboratories 4730 3069
No. 355—Excerpts of deposition testimony of
George A. Smith, Smith Detective Agency &
Nightwatech Service......................... 4755 3079
No. 356—Excerpts of deposition testimony of
Maurice G. Sondock, MeCane-Sondock Detective
Fe ERP ESE BIg NN LOZ a BER A es en ae 4796 3102
No. 357—Excerpts of deposition testimony of
Sidney Stackler, Central Watch Service... _.. 4819 3113
No. 358—Excerpts of deposition testimony of
Lee C. Underdown, Central Alarm Company.. 4924 3152
No. 359—Excerpts of deposition testimony of
Lyie and Joe Underdown, Central Alarm Com-
PORT 35 SGT FE Te Bee ev 4934 3159
No. 360—Excerpts of deposition testimony of
Alex Venners, Federal Engineering Company,
Ge ee hc pe Pe ea ca ew OETA Shes 4950 3169
Xxxii INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
GoverNMENT’s Exxisits—Continued Original
No. 361—Excerpts of deposition testimony of
Ira E. Warlick, Reliance Protective, Inc. 4984
No. 362—Excerpts of deposition testimony of
Morris F. Weinstock, Morse Signal Devices of
California 5004
No. 363—Excerpts of deposition testimony of
Samuel G. Wight, Central Alarm Company,
DEFENDANTS’ EXHIBITS
A—Schedule of Defendant alarm companies pro-
posed objections to plaintiff’s documents—For
identification
B—Defendant Grinnell objections to Government
documents—For identification
E-1—Minimum basic service charges effective Jan-
E-2—Minimum basic advance service charges
effective April 1, 1962
F—Form 701 dated August 1962
G—Form 400 dated February 1963
H-1—Summary in tabular form of contents of
Exhibit H—Voeational Listing of Subscribers
Exhibit Volume VI
I—Letter from L. J. O’Brien to C. L. Chafee,
dated September 12, 1955 re: Procter & Gamble
Company, Cincinnati, Ohio
F—68-80—Twelve tabulated exhibits and one list
of book cities dated October 1, 1962 admitted at
completion of testimony of Edward Gaston. ...
J-—Summary statement of local alarm accounts in
five cities, based on Form 400
K—List of city of Everett, Massachusetts master
boxes
L—List of city of Lynn, Massachusetts Police
Department connections, (acting Chief George
W. Donnelly), dated June 16, 1964
M—List of Everett, Massachusetts Police Station
connections (Bradford V. Elliott, Chief of
Police), dated June 16, 1964
N—List of master boxes and heat detection con-
nections, Braintree, Massachusetts, Fire Depart-
ment Headquarters
O—List of Braintree, Massachusetts, Police De-
partment connections
INDEX Xxxiii
Record from the United States Distriet Court for the Dis-
trict of Rhode Island—Continued
DEFENDANTS’ Exuipits—Continued Original — Print
P—List of auxiliary connections in the Fire De-
partment, Lynn City, Massachusetts.......... 5498 3639
Q—List of Weymouth Fire Department direct
connected and auxiliary alarm connections... 5500 3640
R—List of Brockton Municipal connections, dated
Dowammeee BA; TG i isis Be ee Vv ehetda vs 5502 3643
S—List of Boston Municipal connections, dated
SRMORER TNO. sis Sick Se eo Sia vias + ti Cae 5503 3644
T—List of Salem Municipal connections, dated
SOMES Oy TOR alike say idaucas s% 5504 3645
U—List of U.S. Government contracts (not se-
curity classified), December 31, 1963........ 5505 3647
V—Area list of Government installations, (onti-
nental United States, January 1, 1964 ....... 5547 3666
W(a)—List of ADT central station SS&WF sub-
scribers in Natick, Needham and Newton, Massa-
MRR ee ae pla REE SI AEE RIN 5% 5549 3667
Z-1—ADT contract form for modified central sta-
CORFE 6 ORE a Mini Daa 6550 3669
Z-2—ADT contract form for central station pro-
tective signalling service.................... 5552 3673
Z-3—ADT contract form for central station bur- os
glary and holdup protection service.......... 5554 3677
Z-4—ADT contract form for direct connected ser-
WO ere Bea he es a Sa a eae 5555 3679
Z-5—ADT contraét form for loeal alarm serviee.. 5556 3681
K-1—ADT contract form for loeal alarm serv ice
(customer owned system)...........27...... 5557 3683
L-1—List of representative installations vial by
ADT using systems and equipment made by
oj, EE BO ee ey BORE OPE Se Pie, aan 5558 3685
M-1—List of representative systems installed ,by
others, and sold outright to subseriber, wher ry
ADT was called in to restore service, and/or to
provide a central station connection.......... 5559 3685
U-1—Letter from Stanley N. Barnes, Assistant
Attorney General, Antitrust Division to Frank
A. Fritz, dated July 14, 1955................ 5560 3686
V-1—Statement of (ADT) Company’s Revenues,
gross and net balance sheet assets and indicated
ratios, 1959 to 1963...................00...5. 5561 3687
W-1—Ratio of net earnings to gross assets, net
assets and net worth (ADT), 1947 to 1963.... 5562 3688
X-1—Commercial Cireular No. 197, supplement
No. 21, dated July 25, 1960, from L. J. O’Brien
regarding outright sales prices marked “Confi-
Ge 5 SR aa Coa ees 5563 3689
XXXiVv INDEX
Record from the United States Distriet Court for the Dis-
trict of Rhode Island—Continued
Derenpants’ Exxipits—Continued Original = Print
Y-1—List of offices showing annual and advance
service charges secured in excess of minimum
basic rates, 1957 to 1962 3690
Z-1—Letter from L. J. O’Brien to J. A. Mae-
Donald, dated August 16, 1960 re Pricing Policy 5572 3696
Memorandum from ADT Special Representa-
tive J. R. Norris to ADT Commercial Superin-
tendent C. L, Chafee, captioned National Can
Corp., Cleveland, Ohio, dated July 23, 1954
(copy) (omitted in printing)
LL—Price Waterhouse & Company letter dated
May 27, 1964 to The Board of Direetors of ADT
with Appendices A, B & C
MM(1-20)—Table of detailed financial data on a
city-to-city basis regarding divestiture
NN—Statement of revenue and expenses—1963,
New Orleans central station (ADT)
OO—Statement of revenue and expenses—1963,
Richmond central station (ADT)
PP—Summary of ADT deficit offices in 1963... .
QQ—Analysis of advance service charges, city by
city, 1957 to 1963
RR—List of advance service charges amortized on
a city-to-city basis. Detail of Reply to Govern-
ment Interrogatory No. 17
SS—Memorandum of J. A. MacDonald dated June
17, 1952 regarding discussions with Grinnell
Corporation on June 16. i952...............
UU—ADT Board of Di:ectors minutes of June
11, 1952 (excerpts)
VV—Exeerpts of ADT Board of Directors min-
utes for July 9, 1952
WwW—Arthur D. Little, Ine. report on U.S. Mar-
ket for electric protection services, 1961 to 1962
WW-1—Biographieal summaries of Messrs. Gott-
lieb, Frankel & Peters
Exhibit Volume VII
XX—Interview guide used in conjunction with
Arthur D. Little, Ine. survey
YY—tTwo Sanborn maps of Dubuque, Iowa
ZZ—lInterviewer’s materials relating to survey of
of Dubuque, Iowa—Audit & Surveys, Inc.,
Forms 1, 2, 3, 4 & 5, Job #1232
AB—Q4 by Q23, amount of square feet oceupied—
this tabulation is related to Exhibit ZZ. Job
INDEX XXXV
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpants’ Exxisits—Continued Original = Print
AC—Q4 by Q24, number of employees—this tabu-
lation is related to Exhibit ZZ. Job #1232... 5854 3992
AD—Q4 by type of business establishment, types
of establishments—this tabulation is related to
Exhibit ZZ. Job #1232.................... 5855 3993
AE—Letters from L. J. O’Brien to District Sales
Managers, dated April 4, 1956; December 2,
1957; August 7, 1959; August 29, 1960; Novem-
ber 23, 1960; re Form 701.................. 5856 30996
AF—General Services Administration correspond-
ence from September 20, 1962 to January 2,
WO hile bis SOR Reb oldies eave. 5861 3998
C-1—C-5—Defendant Alarm Companies objec-
tions to plaintiff’s designations of deposition
SOO Sig Bye padded 5 be DANY Got aes 5893 4029
DEFENDANT GRINNELL CORPORATION’S EXHIBITS
J-2—1950 Annual Report of the Grinnell Corpo-
GG, 25 lata eS ita e 5899 4050
J-5—1953 Annual Report of the Grinnell Corpo-
CONES EL EVEN AD EVR 5912 4064
J-39—Index to Grinnell Corporation Catalog,
Gated TORR i PGES POE ES 5923 4075
J-40—AFA Company Balance Sheet, dated De-
opine Thy BO. 58 PA URS 5936 4110
J-43—-Agreement dated February 28, 1949 be-
tween Grinnell Corp. and Marine Midland Trust
Co: OE DOW TO eR ae 5938 4111
J-44—Minutes of the Executive Committee of the
Board of Directors, Grinnell Corp., March 23,
TOG CR 5941 4113
J-45—Letter from W. G. Hampton, Assistant Vice
President, New York Telephone Co. to J. D.
Fleming, President Grinnell Corp., dated Feb-
FOGG I i ea oras cepa eee rea hie 5943 4114
Income statements of Holmes Electric Protec-
tive Company for the years 1921-1949... 5944 4117
J-47—Agreement dated April 14, 1950 between
New York Telephone Co. and Grinnell Corp... 5946 4120
J-48—Closing Memorandum (undated) ........ 5996 4158
J-49——-Letter from W. J. Klickhauf, Apple-Cole
Co., to J. D. Fleming, dated May 4, 1953..... 6001 4163
J-50—Agreement dated June 16, 1953 between
Western Union Telegraph Co. and Grinnell
Corp. with Exhibits A-E................. 6002 4164
J-51—Loan Agreement, dated July 27, 1953 be-
tween Grinnell Corp. and the Equitable Life
Assurance Society (excerpts)................ 6035 4199
XXXVi
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
DEFENDANT GRINNELL CoRPORATION’S ExHIsirs—Con-
tinued
J-52—Letter from Stanley N. Barnes, Assistant
Attorney General to J. D. Fleming, dated Jure
J-53—Letter from Roger T. Clapp to W. D. Gail-
lard, Jr., Milbank, Tweed, Hope & Hadley,
J-54—Letter from Roger T. Clapp to M. J.
Bloomer, Jr., Wickes, Riddell, Bloomer, Jacobi
& McGuire, dated July 2, 1953
J-55—Letter from Stanley N. Barnes, Assistant
Attorney General to Frank A. Fritz, dated July
23, 1953. .
J-56—Letter from Frank A. Fritz to Ephraim
Jacobs, Department of Justice, Antitrust Divi-
sion, dated July 13, 1953
J-59—Memo dated July 24, 1950 from Roger T.
Clapp to Department Managers, Fire Protection
Division
J-60—lemo dated June 10, 1963 from Roger T.
Clapp to Department Managers, Fire Protection
Division
J-62—Memo dated February 20, 1954 from O. L.
Swats, Manager, Fire Protection Division to
ee Managers, Contracting Engineers,
5.6 Adee cick iiodh ak teas tse C,
Ward to All Holmes Employees
J-66—-Letter from J. A. MacDonald to Roger T.
Clapp dated June 24, 1953
J-69—Memorandum of Material for Discussion
with Messrs. Gaston and MacDonald on June 16
J-70—Letter from Bleakley, Platt, et al. to the
Equitable Life Assurance Society, dated July
J-74—Minutes of a special meeting of the Board
of Directors of the Grinnell Corporation dated
J-75—Statement showing “1928-1937 Earnings
Data”—Grinnell Corporation
J-75(1)—General Fire Extinguisher Co.—Report
of the Treasurer To The Beard of Directors for
Twelve Months Ended December 31, 1928 (ex-
cerpts)
J-75(2)—Ended December 31, 1929 (excerpts) . .
J-75(3)—Ended December 31, 1930 (excerpts). .
J-75(4)—Ended December 31, 1931 (excerpts). .
Original
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
DEYENDANT GRINNELL CorPoraTION’s ExHIBits—Con-
tinued
J-75(5)—Ended December 31, 1932 (excerpts). ‘
J-75(6)—Ended December 31, 1933 (excerpts) . .
J-75(7)—Ended December 31, 1934 (excerpts). .
J-75(8)—Ended December 31, 1935 (excerpts). .
J-75(9)—Ended December 31, 1936 (excerpts). .
J-75(10)-—-Ended December 31, 1937 (excerpts) .
J-76—Plaintiff’s Answers to Certain Interroga-
tories of Alarm Company Defendants........
Appendix A—Letter from Stanley N. Barnes,
Assistant Attorney General to Frank A. Fritz,
dated July 23, 1953 (copy) (omitted in print-
fee 557 CH RE ec Be
Appendix B—Letter from Stanley N. Barnes,
Assistant Attorney General to J. D. Fleming,
dated June 29, 1953 (copy) (omitted in print-
py aoe C—Letter from Frank A. Fritz to
Ephraim Jacobs, Department of Justice, Anti-
trust Division, dated July 13, 1953 (copy)
(omitted in printing)........:...2....60004.
J-77—Balance sheet and income statements of
AFA as of June 30, 1948..................
Derenpant ADT’s Exuisits
A9—Memo dated December 15, 1952 from J. L.
Hardesty to H. R. Eakin, Plant Superintendent,
captioned Competition—Washington, D. C.....
—Memo dated December 22, 1952 from J. B.
Bodley to A. E. Smith captioned “Federal En-
gineering Co., Ine., Washington, D. C.........
A13—Memo dated September 29, 1953 from A. E.
Smith to J. A. MacDonald captioned Westches-
ter Coal ois:i.5 30s5 bs. wetadiaids boss %,
—Memo dated September 14, 1951 from W. J.
Doyle, Commercial Superintendent, to A. E.
Smith, captioned Modified Central Station Bur-
ghar Alarm Gerwiee oo .oo360 iiic lb als Kees
A31—Letter dated March 23, 1959 from Jamie
Bray, Alarm Signal Company of Texas to
Drank 3. Goliath isc hi icesicks iicecs lishas
A36—Handwritten letter dated June 2, 1962 from
T. E. Smith to Mr. Haberman captioned Com-
petition, San Antonio, Texas—Texas Industrial
6188
6195
6206
4318
4326
xxxXvill INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original Print
A37—Letter dated October 18, 1955 from J. K.
Scott to A. 5. Cook, Manager, captioned River-
side Protective Association, Houston 9, Texas.. 6214 4335
A38—Letter dated October 1, 1959 from R. F.
Ethridge to R. T. Warner, captioned The
Polaroid Company, Dallas, Texas............ 6215 4336
A39—Letter dated June 22, 1959 from 8. W. .
Christian to J. B. Rustic, captioned Competi-
Met TE POM ai Fs a ROS LS _.- 6216 4337
A40—Letter dated March 15, 1960 from Ju Dv
Patton to L. J. O’Brien, captioned Competition 6217 4338
A41—Letter dated December 11, 1956 from C. A.
Southard to J. K. Scott, captioned Scobey Fire-
proof Storage Company, San Antonio, Texas.. 6218 4338
A47—Memo dated November 2, 1959 from J. B.
Bodley to E. J. Heisley, captioned Competitive
Fire-Alarm System, Pittsburgh, Pa........... 6219 4340
A49—Memo dated November 20, 1962 from Jake
Kowalyk to W. J. Robinson, captioned Compe-
tition—Pittsburgh .......................... 6220 4341
A51—Memo dated March 12, 1956 from W. J.
Dahl to L. J. O’Brien captioned Boeing Air-
0s Company, Seattle, Washington, Conver-
A52Letter dated March 14, 1956 from T. i
Young to W. J. Dahl, re: Boeing Airplane
Company, Seattle, Washington, Conversion.... 6224 4345
A53—Memo dated January 30, 1956 from J. J.
Stephens to J. A. MacDonald, captioned Direct
Connected Services, Competition and Compen-
CREE POPPI C LEB ad dO SEN. 6225 4345
A54—Memo dated February 15, 1956 from R. M.
Bugbee to A. W. Sullivan, captioned Gamewell
Competitions, Indiana....................... 6229 4350
A55—Memo dated October 10, 1955 from A. W.
Sullivan to L. J. O’Brien, captioned Competi-
tion, Kenosha, Wisconsin.................... 6230 4351
A57—Memo dated July 30, 1955 from R. V.
Haight to H. B. Schultz.................. 6231 4352
A61—Letter dated January 4, 1954 from E. J.
Heisly to A. E. Smith, re: Wurzburg Bros.,
Memphis, Tenn. (Factory Mutuals).......... 6232 4353
A62—Memo dated September 24, 1953 from J.
Heath, Jr., to E. B. White, re Los Angeles and
Salt Lake Railways, Los Angeles 23, California 6233 4354
INDEX
Record from the United States District Court for the Dis-
triet of Rhode Island—Continued
Derenpant ADT’s Exuisrrs—Continued Original
A63—Memo dated March 20, 1953 from W. B.
O’Hara to D, E. Kloster, re: Erie Resistor
A64—Memo dated February 12, 1953 from ©. T.
Blank to F. J. Concannon, re: Benjamin Moore
6235
A66—Memo dated March 6, 1952 from E. A.
Rogers, Jr. to A. 8. Cook, re: Competition,
Wild & Stevens, Inc., Needham Street, Newton-
Ville, eee ey SS, PENS
A67—Memo dated October 2, 1952 from N. Slavin
to A. 8. Cook, re: Hotels Statler Company,
A68—Memo dated April 7, 1952 from D. R. Hall
to A. 8. Cook, re: Ford Motor Company,
Natick, Mass.—Compulsory Tour Service
A70—Memo dated January 18, 1952 from D. R.
Hall to W. R. Boos, re: Ford Motor Company,
Edgewater, New Jersey
A71—Memo dated September 5, 1951 from E. J.
Heisley to A. E. Smith, re: Union Bag and
Paper Company, Savannah, Georgia
A77—Memo dated August 11, 1955 from J. B.
Bodley to L. J. O’Brien captioned Competi-
tion—Richmond, Virginia
—Memo dated August 8, 1955 from R. O. Beck-
ham to J. B. Bodley entitled Competition—
Richmond, Virginia
A78—Memo dated June 1, 1953 from T. J. Yocom
to E. B. White entitled Competition Report ..
A79—Memo dated July 1, 1959 from Ray Brech-
bill to Lyle Straus entitled Competition—Fort
A82—Memo dated March 18, 1955 from W. J.
Doyle to J. A. Webb, re: The Jamison Plastic
Corporation, North Bellmore, Long Island, N.Y.
A84—Memo dated October 10, 1952 from G. J.
Simon to John Hannon entitled Beth Israel
Hospital, New York City
A85—Memo dated December 9, 1952 from W. J.
Doyle to C. 8S. Hammergren re: Beth Israel
seoupetal,: Mow Tork, Wits... ee
A86—Memo dated April 8, 1957 from W. R. Boos
to W. J. Doyle re: Duro-Test Corp., Secaucus,
xl. INDEX
Record from the Uniied States Distriet Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original
A89—Memo dated July 29, 1958 from C. H. San-
ders to W. J. Doyle re: Globe Products Co.,
Inc., Webro Road, Clifton, New Jersey
A95—Memo dated August 6, 1951 from A. E.
Smith to John Hannon captioned Auxiliary
Fire Alarm Service, Trenton, New Jersey... .
A98—Memo dated January 5, 1952 from M. E.
Hubert to W. W. Dooley, captioned First Na-
tional Bank, Omaha,
B8—Memo dated March 21, 1961 from A. 8S. Jacks
to L. J. O’Brien captioned Competition, Erie,
Pennsylvania
B9—Memo dated November 21, 1960 from J. J.
Caffrey to L. J. O’Brien captioned Competitive
Advertising
Bll—Memo dated May 19%, .959 from R. J. Del-
linger to A. S. Jacks re: Gamewell Competi-
tion—Erie, Pennsylvania
B12—Memo dated March 7, 1959 from R. J. Del-
linger to A. S. Jacks re: Gamewell Company. .
B13—Memo dated May 17, 1959 from R. M. Bug-
bee to A. 8. Jacks re: Gamewell Competition—
Erie, Pennsylvania
B17—Memo dated May 5, 1958 from F. T. Turner
to J. B. Rustic captioned “Auxiliary Fire Alarm
Systems—City of Pittsburgh, Pennsylvania”...
B18—Memo dated April 11, 1958 from R. T. War-
ner to L. J. O’Brien captioned “Olin Mathieson
Chemical Corp., New Haven, Conn.”
B19—Memo dated March 28, 1958 from W. J.
Dahl to A. W. Sullivan captioned Competi-
tion—Fire Alarm Service, City of Portland,
Oregon, Auxiliary Fire Alarm Systems con-
nected to Municipal Circuits
B20—Memo dated March 25, 1958 from H. E.
Peters to A. S. Jacks captioned Competition. .
B21—Memo dated October 15, 1957 from “District
Sales Manager” (RTW) to L. J. O’Brien, cap-
tioned Insurance Relations—FIA and FM
B24—Memo dated June 7, 1956 from G. B. Fos-
mire to C. L. Chafee, captioned Competition—
Columbus, Ohio
B30—Memo dated September 24, 1954 from D. M.
Gates to C. L. Chafee
INDEX
Nvecord from the United States District Court for the Dis-
trict of Rhode Island—Continued H
Derenpant AD‘T’s Exuistts—Continued Original
B33—Memo dated September 15, 1954 from J. A.
MacDonald to A. W. Sullivan entitled Notifier
Wile. Cee iss iesntata ic ea We ch isa 6278 4395
B34—Memo dated Sertember 10, 1954 from L. J.
O’Brien to J. A. MacDonald re Competition—
Notifier Alarm Co.—Spurling Automatic Fire
:
4396
B38—Memo dated August 30, 1954 from R. L.
Hopf to C. L. Chafee re Competition—Spurling
DB Bebe i. 65. ask, CoA as 6280 4397
4398
4400
B40—Memo dated June 8, 1954 from Oper. Supt.
(DHB) to J. B. Rustic, re Competition—Lin-
ool, Walenta 2 5.55558 ee enn ratese,vs 6281
B92—Memo dated September 18, 1952 from R. M.
Bugbee to A. E. Smith, re Atmo Competition—
O. Klemp to B. W. Fox, Anchor Motor Freight-
New York Corp., Linden, New Jersey, dated
Ange Th, TR i i Ais 6286 4402
B95—Memo dated Sepiember 24, 1952 from A. F.
Clunan to W. J. Doyie, re Competition—Atmo,
Linden Investment Co., Linden, New Jersey... 6287 4403
Cl—Memo dated May 14, 1951 from R. M. Bug-
bee to A. 8. Cook re Atmo Competition, New
Haven, Comma oink 6s eh aS occks 6288 4404
C3—Memo dated July 22, 1957 from J. B. Bodley
to O. E. Betscher, captioned M. H. Connell As-
sociates, Miami, Florida..................... 6289 4405
C4—Memo dated July 27, 1962 from C. C. Ras-
mussen, Jr. to W. J. Robinson, re “United
States v. Grinnell Corp. et al.”.............. 6290 4406
C8—Memo dated July 11, 1952 from R. M. Pinio
to B. H. Sofge re Ace Burglar Aiarm Company,
Hartford, Connecticut...................... 6291 4407
C10—Memo dated July 7, 1952 from K. E. Berrett
to R. M. Pineo, re Ace Burglar Alarm Com-
pany, Hartford, Connecticut................. 6292 4408
C13—Memo dated July 1, 1960 from D. H. Bar-
nett to L. J. O’Brien re “Proposed Councilmen’s
Bill, Denver, Colorado”..................... 6293 4409
C14—Memo dated November 29, 1954 from “Vice
President” to L. J. O’Brien re Denver Ordinance 6296 4412
C15—Copy of Ordinance allowing Denver Banks
to install direct connect alarms, Series of 1954 6298 4414
xlii INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original
C21—Memo dated December 18, 1952 from W. K.
Francis to E. B. White re Competition—Tele-
Fire of California, Pasadena, California
C22—Memo dated April 17, 1953 from J. Heath,
Jr. to E. B. White re competition—Fullerton
Mutual Orange Ass’n., Ine., Fullerton, Cali-
fornia
C26—Memo dated April 11, 1958 from W. K.
Francis to L. J. O’Brien, entitled Competition—
C31—Memo dated August 28, 1962 from W. J.
Kupper to Ray Brechbill, re District #13—
Sales Integrity and Competition
C32—Memo dated June 16, 1954 from W. K.
Francis to E. B. White re Sears, Roebuck &
Company, Tucson, Arizona
C33—Memo dated April 29, 1957 from J. A. Mac-
Donald to J. B. Rustic, re Competition—Spur-
ling Fire Alarm & Indicator Co., Louisville,
Kentucky
C34—Memo dated December 21, 1956 from W. J.
O’Meara to E. O. Betscher, re Yellowstone Dis-
tillery, Ine., Shively, Kentucky
C35—Memo dated November 30, 1956 from E. 0.
Betscher to L. J. O’Brien, re Competition-—
Spurling Fire Alarm & Indicator Company,
C36—Memo dated September 12, 1956 from J. B.
Bodley to E. O. Betscher, re Competition—
Spurling Fire Alarm & Indicator Company,
C40—Memo dated September 7, 1955 from A. A.
Balestrino to C. C. Chafee re Competition—
C41—Memo dated September 10, 1954 from R. L.
Hopf to C. L. Chafee re Competition—Direct
Connect to Fire Tower
Agreement between the City of Cincinnati and
Spurling granting direct connect permission,
C42—Memo dated September 17, 1953 from E. J.
Heisley to A. W. Sullivan, re Auxiliary & Direct
Connect Competition, Charleston, South Caro-
lina
C49—Memo dated March 4, 1960 from D. R. Hall
to R. T. Warner, re GMC, New Departure Divi-
sion, Bristol, Connecticut
INDEX xliii
Record from the ‘'nited States District Court for the Dis-
trict of Rhode Isiind—Continued
Derespant ADT’s Exnisr's—Continued Original Print
C53—Memo dated May 6, 1958 from R. G. Dodd
to L. M. DeSchane re: Mid-West Conveyor
Company, Ine., Kansas City, Kans........... $329 4449
C55—Memo dated April 4, 1958 from R. G. Dodd
to ks TE. Dea: AGS: 6331 4451 =
C59—Memo dated March 14, 1957 from L. M.
DeSchane to L. J. O’Brien re: Competition—
Omaha and Lincoln, Nebraska............... 6332 4452
C60—Memo dated February 11, 1957 from H. E.
Elster to D. H. Barnett re: Competition—
Omaha, Notifier and Dictograph Corp........ 6333 4453
C61—Memo dated January 9, 1957 from Ray
Brechbill to E. Turnbull captioned Competi-
tion—Oshkosh, Wisconsin.................:. 6336 4456
C66—Memo dated May 27, 1955 from “E.0.B.”
to L. J. O’Brien captioned Banks, Direet Con-
ntet DN: FS 5 SB a eee 6337 4457
C67—Memo dated May 23, 1955 from “District
Operating Superintendent” to J. B. Rustic cap-
tioned B. A. System By Diebold, Inc.,; Canton,
Cle 25 ee RTI ree 6338 #4458
—Newspaper clipping deseribing the ultrasonic
devine ened Sy Dishend Ei toe and Geert one
nect vault alarm service.........../......... 6339 4459
C76—Memo dated August 13, 1954 from R. L.
Beckwith to D. R. Hall..................... 6340 4460
C81—Memo dated November 11, 1953 from L. J.
O’Brien to E. P. Hagan re Competition—Die-
bold, Police Headquarters, Milwaukee, Wiscon-
Se Rs Meee APT pda Ren Ni i ay Sk a th gs 6341 4461
C87—Memo dated January 5, 1952 from M. E.
Hubert to Mr. Dooley, Re: First National Bank,
Omaha, Nebraska.................0.0200.0.. 6343 4463
C89—Memo dated January 13, 1958 from R. A.
Bewes to R. T. Warner, Re: State of New York
Executive Department, Division of Military and
Naval Affairs, Albany, N.Y.................. 6344 4464
C91—Memo dated June 27, 1962 from W. K.
Francis to Ray Brechbill, Re: Golden Gateway,
Redevelopment Project, San Franciseo, Cali-
Den is 55 ESE PORE eee RS ED 6346 4466
C97—Memo dated February 27, 1957 from D. R.
Hall to L. J. O’Brien, Re: Proprietary Systems,
GMC, Chevrolet Division, Ford Motor Company,
Chrysler Motors Corporation................ 6347 4467
xliv INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original
D1—Memo dated August 19, 1952 from Commer-
cial Superintendent to A. E. Smith re Aero
Competition—Boston, Mass
Dll—Memo dated December 7, 1962 from W. A.
Clark to W. C. Marin re The John Shillito Co.,
Cincinnati, Ohio
D15—Memo dated August 1, 1962 from F. J.
‘Concannon to L. J. O’Brien captioned Julius
Kessler Distilling Company, Calvert Distilling
Company, Jeffersonville, Indiana (Louisville)...
D18-1—Memo dated February 2, 1961 from R. L.
Beckwith to J. K. Swanson re: Jacobsen’s,
Jackson, Michigan
D18-2—Memo dated December 26, 1960 from Ray
Brechbill to L. J. O’Brien re: American Hard
Rubber Company, Akron, Ohio. .
D20—Memo dated August 31, 1960 from L. J.
O’Brien to District Sales Managers and Repre-
sentatives, captioned Competition—Minneapolis-
Honeywell
D2i—Memo dated January 20, 1959 from M. H.
A. Lindsay to J. A. MacDonald captioned Min-
neapolis-Honeywell Regulator Co., Minneapolis,
Minnesota
D22—Memo dated August 16, 1960 from N. R.
Brady to J. B. Bodley re Travelers Broadcast
D24—Memo dated July 8, 1960 from J. B. Bodley
to all ADT executive officers, re “Competition—
Minneapolis-Honeywell Company”
D26—Memo dated April 29, 1960 from A. 8.
Jacks to H. B. Schultz re Tri-County Shopping
Center—Shillito’s, Federated Department Store
D27—Memo dated February 3, 1960 from M. H.
A. Lindsay to J. A. MacDonald re Minneapolis
Honeywell Regulator Company and Competi-
Re I soc A oso dctrih ds os huts
D28—Competition Report—November 20, 1962—
West Orange, New Jersey. Job lost to Kidde
D30—Memo dated August 9, 1961 from M. H. A.
Lindsay to L. J. O’Brien re New CIA Head-
quarters, Washington, D. C. area
D32—Memo dated June 13, 1960 from A. Gaston
to L. J. O’Brien re L. Bamberger & Company,
Newark, New Jersey
INDEX
Record from the United States Distriet Court for the Dis-
. triet of Rhode Island—Continued
Derenpant ADT’s Exxisirs—Continued
D33—Memo dated January 26, 1960 from F. D.
Shadell to W. J. Doyle re Competition........
D36—Memo dated January 31, 1956 from J. R.
Hough to E. 0. Betscher re Spurling and Kidde,
D40—Memo dated January 14, 1954 from A. W.
Sullivan to A. E. Smith captioned Atmo Com-
OU i ii heel Ge SRS shawn 4
D41-—-Memo dated April 2, 1953 from “General
Superintendent” to R. M. Pineo captioned Atmo
Fire Alarm Company, Bridgeport, Conn.......
D42—Memo dated May 27, 1953 from R. M. Bng-
bee to A. E. Smith captioned Atmo Competi-
tion—New Haven, Conn.....................
D45—Memo dated October 22, 1952 from W. J.
Doyle to A. E. Smith re: Automatic Fire Alarm
Competition, State of New Jersey............
D46—Memo dated October 14, 1952 from F. H.
Langille to W. J. Doyle re: Automatic Fire
Alarm Competition, State of New Jersey.....
D51—Memo dated September 2, 1954 from E. J.
Kaiser to King Young re: Competition.......
D59—Memo dated April 8, 1959 from J. T. Lynch
to R. T. Warner re: The New Haven Board and
Carton Co., New Haven, Conn...............
D62—Memo dated March 12, 1957 from L. B.
Straus to L. J. O’Brien re: Marshall Field &
Co., Park Forest, Illinois...................
D75-B—Underwriters’ Laboratories, Inc. Acered-
ited Central Stations by date of approval since
D75-E—Manual of Burglary Insurance (excerpts)
Exhibit Volume VIII
D89—Memo dated July 28, 1960 from Ray Brech-
bill to R. J. Highstone re: Highland Park
Police Department, Highland Park, Illinois...
D92—Memo dated January 5, 1960 from R. P.
Lucy to W. K. Francis re: Bemis Bag Co.,
Wownthe, Cebewie i i. 26 25. oie ged ne 4
D93—Memo dated October 5, 1954 from L. J.
O’Brien to A. E. Smith re: Direct Connected
Competition—Diebold Company and Gamewell
Con, Wirt Gly. BOs 5 osc ee eeee sik ps
6391
4495
4506
4523
4524
xlvi INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original
D97—Memo dated June 30, 1955 from C. L.
Chafee to A. E. Smith re: Competition—Cin-
E1—Sprinkler Supervisory Coordinating Instrue-
tions No. 3, dated November 24, 1953 from C. 8.
Hammergren to All ADT Subsidiaries
E3—Letter from W. J. Dahl to A. W. Sullivan
dated February 11, 1959, captioned Competi-
tion—Tacoma, Washington
E4—Letter from S. H. Filipkowski to W. B.
Flammer, dated August 6, 1956, captioned ADT
Competition, Birmingham, Alabama
E6—Memorandum from the Service Superintend-
ent of ADT, Detroit, Michigan to Mr. Swanson,
District Manager, dated October 10, 1960, cap-
tioned Competition—Detroit, Michigan
E7—Memorandum from W. K. Francis to L. J.
O’Brien, entitled Competition, San Francisco,
California
E8—Memorandum from R. T. Warner to L. J.
O’Brien, dated April 6, 1960, captioned Com-
petition
E9—Memorandum from E. J. Heisley to L. J.
O’Brien captioned Competition—Washington,
D. C., dated April 15, 1960
E10—Memorandum from A. 8. Jacks to L. J.
O’Brien dated April 25, 1960, captioned Com-
petition—Cleveland District
E-13—Letter from C. L. Chafee to L. J. O’Brien,
dated June 7, 1957, captioned Competition—
Radar Eye Corporation
E14—Memorandum from C. L. Chafee to L. J.
O’Brien, dated May 13, 1957 captioned Com-
petition—Cleveland, Ohio
E15—Memorandum from E. J. Heisley to L. J.
O’Brien, dated April 17, 1957, captioned Com-
petition Radar-Eye
E16—Memorandum from R. T. Warner to L. J.
O’Brien, dated March 8, 1957, captioned Com-
petition—Radar-Eye
E18—Memorandum from E. J. Heisley to L. J.
O’Brien, dated March 6, 1957, captioned Com-
petition—Radar-Eye
E19—Photostatic copy of an advertisement for
the Radar-Eye Protection System as published
in the Buffalo Carrier Express Newspaper,
February 11, 1958
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisits—Continued Original
E22—Memorandum from A. L. Kauffman to W.
W. Dooley, dated August 12, 1954, captioned
Competition—Denver, Colo...................
E28—Memorandum from W. E. Mauroschadt to
E. J. Heisley, dated December 18, 1956, cap-
tioned Competition, First Camden National
Bank, Camden, New Jersey ;
E-32—Memorandum from D. R. Hall to L. J.
O’Brien, dated March 21, 1956, captioned Com-
petition—Diebold Bank Alarms
E-36—Memorandum from C. K. Empringham to
Mr. John Stephens, dated August 30, 1955... .
E48—Memorandum from Lynne Stora to E. B.
White, dated August 9, 1954, captioned Conti-
nental Can Company, Sacramento, California. .
E52—Letter from the President of ADT to the
President of Holmes Electric Protective Com-
E53—Letter from H. C. Ward, President, Holmes
Electric Protective Company to E. A. Ward,
E55—Memorandum from E. Turnbull to L. J.
O’Brien, dated November 27, 1956, captioned
“Certificate—Holdup Alarm, Minneapolis Dis-
trict”
E56—Memorandum from M. H. A. Lindsay to
J. A. MacDonald, dated January 20, 1959, cap-
tioned Southdale Shopping Center, Minneapolis,
Minnesota
E57—Memorandum from L. H. Pryor to E. Turn-
bull, dated June 20, 1956, captioned Electro-
Ween Tan 5 58 okies 60d GARE: Se GR»
E58—Memorandum from L. H. Pryor to E. Turn-
bull, dated May 29, 1956, captioned Electro-
Watchman, Inc., St. Paul, Minnesota
E60—Memorandum from D. R. Hall to L. J.
O’Brien, dated September 2, 1958, captioned
McConnell Kerr Company, Detroit, Michigan. .
E61—Contract competition report form 701 in-
volving a prospect in Grand Rapids, Michigan
E69—Memorandum from R. T. Warner to L. J.
O’Brien, dated April 12, 1957, captioned Com-
petition—The Federal Burglar Alarm Company,
E70—Memorandum from R. T. Warner to L. J.
O’Brien, dated January 8, 1958
xlviii INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Derenpant ADT’s Exuisrrs—Continued Original Print
E71—Memorandum from R. T. Warner to L. J.
O’Brien, dated September 12, 1956, captioned
Mammeds's Tae; OR Aes 6438 4577
E72—Memorandum from N. R. Brady to R. T.
Warner, dated July 25, 1956................ 6439 4578
E82—Memorandum from E. J. Pucci to W. Hable,
dated January 18, 1963, captioned Legislation—
Laws and Ordinances Passed by City Councils
and State Legislatures in the Minneapolis Dis-
trict—Davenport—Moline .................. 6440 4579
—Attachments—Newspaper clippings......... 6441 4579
E84—Memorandum from E. Turnbull to L. J.
O’Brien, dated July 27, 1960, eaptioned Com-
petition—Cedar Rapids, WR CEC ae. 6445 4581
E86—Memorandum from D. R. Hall to L. J.
O’Brien, dated September 2, 1958, captioned
The Columbia-Western Corporation, South
Wan Tah. ik. Ciches PR I i 6447 4583
E89-1—Letter from C. A. Wiborg, Lumbermen’s
Mutual Casualty Company to the Holmes Elec-
tric Protective Company, dated January 30,
1956, captioned Stewart Warner, Inc......... 6448 4584
E-89-2—Letter from E. J. Heisley to A. E. Smith,
dated December 7, 1954, captioned Police De-
partment Competition, Atlanta, Georgia... . 6449 4585
F16—Memorandum from the Secretary of ADT
to J. A. MaeDonald, dated June 24, 1963, cap-
tioned The Citizens & Southern National Bank,
Atlanta, Georgia.................. 0.000005. 6451 4589
F20—Memorandum from W. J. Dahl to Ray
Brechbill, dated March fi, 1964, captioned Public
Relations, Fire Department, Salt Lake City,
ey es Ba aS eee aes 6458 4597
F42—Memorandum from J. J. Hayden to J. K.
Seott, dated September 23, 1963, captioned
Southern Burglar Alarm Co., Atlanta, Georgia 6463 4603
F43—Memorandum from P. K. Labadie to W. C.
Martin, dated April 23, 1964, captioned Com-
MOM RN ea OR EES 6464 4604
INDEX
Record from the United States Distriet Court for the Dis-
trict of Rhode Island—Continued
DEFENDANT Hotmes E.ecraic Prorective CompPaNny’s
ExHIsIts
H4—Pamphlet of the Autocall- Howe Plant Pro-
tection Systems. ..........0.).0.............
H5—Letter from C. K. Empringham to Howard
Stores, Inc., Brooklyn, N.Y., dated August 31,
} | BRON mE eR Res carers or ea ei
H11—Report by J. G. Healey, Superintendent of
Shops and Supplies, on the Local Alarm Con-
ference, held November 4, 1960 in the Presi-
dent’s Office, dated November 4, 1960 (excerpts)
H16—Leafici called “Protective Bulletin” issued
by the Insurance and Protective Department,
American Bankers Association, for March, 1960
H18-1—Letter from H. C. Ward to P. R. Webb
dated April 16, 1952........................
H18-2—Memorandum from V. Wierman, Diebold,
Ine., August 6, 1956........................
H-23—Competition report of Holmes, dated June
9, 1961, Pittsburgh, Pa. for the protection ac-
count of the Keystone Iron & Metal Company
H-26—Holmes Business Form No. 640 states that
Holmes was bidding against a local alarm com-
pany for the protection account of Citra Trad-
fey COR as ei OSES eae ay Se weeks |
H-30-1—Competition Report of the Holmes Elec-
trie Protective Company, dated January 3, 1963
in Philadelphia for the protection account of
the Strait Advertising Company, Incorporated
H30-2—Letter from T. L. Weber to Bruce D.
Crockett, dated August 7, 1962, captioned Com-
petitive PY, PPP Sir aeery H Ae a
DerenpDanTs’ Exuipits (Depositions)
W2a—Excerpts of deposition testimony of Joseph
E. Cunningham, A. P. F. Company.......... 6494 4634
W4a—Excerpts of deposition testimony of M. I.
Brod, Accurate Burglar Alarm Service........ 6523 4646
W5a—Excerpts of deposition testimony of Gerson
Zimmerman, Ace of Spades Burglar Alarm
em i SOR Ta ae hee ea PAs 0x | 6537 4649
—Exhibits and handwritten corrections....... 6648 4700
W6a—Exeerpts of deposition testimony of Thomas
J. Smith, Alaygp Engineering Company, Inc.... 6660a 4708
—Exhibits A thu E.................... 4754
W7a—Excerpts of deposition testimony of John
W. Callaghan, Alarm Systems, Inc.......... 6660cece 4765
W8a—Excerpts of deposition testimony of Joseph
Siegel, Alert Alarm Company................ 4788
6466 4605
6475 = 4615
6478 4617
6483 4619
6485 4622
6488 4627
6491 4630
l INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—Continued
Devexpants’ Exuisits (Depositions)—Continued Original Print
-W9a—Excerpts of deposition testimony of George
J. Kusta, Arrow Electric Protection Company 6713 4807
W10a—Excerpts of deposition testimony of Eric
David, Tattle-Tale Alarms................... 6813 4843
Wlla—Excerpts of deposition testimony of Roy
Van Wagner, Autocall Company............. 6861 4861
—Affidavit of Roy Van Wagner, dated August
FD A ey BU hile wn Bd Sm 6905 4880
W12a—Excerpts of deposition testimony of Frank
W. Honghton, Automatic Alarms............. 6907 4881
—Exhibits 7,8, 13 and 14................... 7006 4921
W13a—Exeerpts of deposition testimony of Eve-
rett A. Westphal, Bay Alarm Company....... 7012 4925
Wi14a—Excerpts of deposition testimony of Mor-
ton Baizer, Bell Burglar Alarms and Eagle Pro-
patent mn kV. so eee 7073 = 4951
Wi16a—Excerpts of deposition testimony of Jo-
seph G. Wilson, Central Burglar Alarm Service
and Surety Alarm Company................. 7166 4987
om ERR EO DES is 8, GE ow ed eS 7255 5026
W17a—Excerpts of deposition iestimony of Ar-
thur A. Schwartz, Certified Burglar Alarm Sys-
W18a—Excerpts of deposition testimony of Clar-
ence W. Novak, Chicago Mercantile Police
Mleuin: De i io iss ieee 7437 =“ 4115
W19a—Excerpts of deposition testimony of James
H. Coffey, Cirele Alarm Corporaticn......... 7455a 5122
W2la—Excerpts of deposition testimony of Ken-
neth M. Holmes, Dallas Burglar Alarm Com-
Sn ESR DIED Oe Se ME CEN Sc, aay: 7458 5152
W22a—Excerpts of deposition testimony of
Claude L. Carpenter, Dawn Patrol Burglar
I SI is a igs SK eR Ned conan 7490 5166
NNR CMI A aoe 5 ees a's na wiee goat we 7565 5192
W23a—Excerpts of deposition testimony of Grant
Richard Hamilton, Day & Night Burglar Alarm
OREN as obi Se sae a tate he ai 7570 5196
Exhibit Volume IX
W24a—Excerpts of deposition testimony of Al-
fred Wayne Jackson, Diebold, Incorporated 7626 5215
W25a—Excerpts of deposition testimony of R.
Stafford Edwards, Edwards Company........ 7742 8§=6 5255
W26a—Excerpts of deposition testimony of wm
A. Vadnais, Electro Watchman, Inc........ 7784 5281
INDEX
Record from the United States District Court for the Dis-
trict of Rhode Island—-Continued
Derenpaxts’ Exuisits (Depositions)--Continued Orisinal = Print
W27a—Excerpts of deposition testimony of
Gerald R. DeLue, Frontier Guard and DeLue,
Ine.
W28a—Excerpts of deposition testimony of Ar-
thur William Fruh, A. W. Fruh & Company. .
W29a—Excerpts of deposition testimony of Harry
Gerber, Gerber & Company
W30a—Excerpts of deposition testimony of Loys
’. Bridges, Greenville Avenue Patrol
W3la—Excerpts of deposition testimony of Mil-
ton Pieree, Guardian Alarm Company
W32a—Exeerpts of deposition testimony of Julian
C. Cohn, Robert Hal! Clothes, Ine
W33a—Exeerpts of deposition testimony of Ken-
neth V. MeCluskey, Howard Stores Corporation
W34a—Excerpts of deposition testimony of John
S. Nacey, Howe Electrie Company
W36a—Exeerpts of deposition testimony of John
EH. Trout, International Business Machines Cor-
poration
W37a—Exeerpts of deposition testimony of Gor-
don Dillard, Magnetic Alarm Ine
W38a—Excerpts of deposition testimony of Clar-
ence Irvin Baker, Merchants Alarm Service...
W39a—Excerpts of deposition testimony of Rus-
sell W. Laxson, Minneapolis Honeywell Regu-
lator Company
W40a—Excerpts of deposition testimony of Wil-
liam Baggett, Mossie Burglar Alarm Company
and Mossie Electric Protection Company
W4la—Excerpts of deposition testimony of Oliver
Tyrrell Joy, Notifier Corporation
—Exhibit A
W42a—Excerpts of deposition testimony of
Michael Singel, Security Alarm
W43a—Excerpts of deposition testimony of Mary
B. Nordsiek, Nordsiek Protection Service
W44a—Excerpts of deposition testimony of Mor-
ris J. Amsrud, Suburban Patrol Service Cor-
poration
W45a—Excerpts of deposition testimony of Rob-
ert E. Leeper, United States Burglar Alarm
Company, Incorporated
W462—Excerpts of deposition testimony of Victor
R. Zahn, Vietor Burglar Alarm Company ....
W47a—Excerpts of deposition testimony of Henry
A. Walters, WECO and Ace Alarm Company. .
[fol. 1]
IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF RHODE ISLAND
Attorneys for plaintiff: Joseph Mainelli, U.S. Atty.,
Raymond J. Petiine, U.S. Atty., Noel E. Story, Hsq.,
Robert G. Levy, Esq., Hugh P. Morrison, Jr., Esq.
Attorneys for Defendant: Matthew W. Goring, Esq.,
Ruger T. Clapp, Esq., Denis G. McInerney, Esq.
Unrrep States or AMERICA,
Vv.
GrRInNELL Corporation; American District TELEGRAPH
Company; Hovmes Exectric Protective CoMPANY; AND
Automatic Fire Atarm Company or DELAWARE.
C. A. # 2785
Anti-Trust Action
Date Defendant’s Account Received Disbursed
Holmes Elec.—Notice of 5.00
Appeal
Grinnell Corp.—Notice of 5.00
Appeal
Automatic Fire Alarm Co— 5.00
Notice of Appeal
ADT—Notice of Appeal 5.00
Deposit
Apr. .17
18
21
26
Docket ENTRIES
Complaint filed together with appearance of Joseph
Mainelli, U.S. Atty. for Pltff. Amount reported in
Emolument Returns, U.S. $15.00.
‘Summons issued returnable within 20 days after
service.
Pitff’s Motion re issuance of summons, etc. together
with Order thereon re issuance of summons, etc.
entered and filed.
Continued to Next Term.
Summons returned duly served and filed as to Deft.,
Grinnell Corporation. Unable to locate Deft., Amer-
can District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware in this District.
Appearance of Roger T. Clapp, Esq. for Deft.,
Grinnell Corporation, filed.
Appearance of Matthew W. Goring, Esq. for Defts.,
American District Telegraph Company, Holmes
Electric Protective Comapny and Automatic Fire
Alarm Company of Delaware, filed.
U.S. Marshal’s return of service of summons as to
Defts., American District Telegraph Company,
Homles Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware duly
noted and filed.
Designation of District Judge For Service In
Another District Within His Circuit filed. Chief
Judge, Peter Woodbury, First Circuit designates
and assigns the Hon. George C. Sweeney, Chief
Judge of the U.S. District Court for the District of
Mass. to sit, etc.
Appearance of Raymond J. Pettine, U.S. Atty. for
Pitff. filed.
Entire original file together with copy of docket
entries mailed to Hon. George C. Sweeney, Chief
Judge, U.S. District Court Boston, Mass.
Appearance of Noel E. Story, Esq., Antitrust
Division, Dept. of Justice, Wash. D. C. for Pitff.
filed.
Motion of Deft., Grinnell Corporation for extension
of time to file answer, etc. to June 5, 1961 filed.
Motion of Defts., American District Telegraph
Company, Holmes Electric Protective Company
and Automatic Fire Alarm Company of Delaware
for extension of time to file answer, etc. to June 5,
1961 filed.
Motion of Deft., Grinnell Corporation for extension
of time to file answer, etc. to July 5, 1961 granted
and filed.
Motion of Defts., American District Telegraph
~Company, Holmes Electric Protective Company
and Automatic Fire Alarm Company of Delaware
to file answer, etc. to July 5, 1961 granted and
filed.
Defendants’ Interrogatories with Notice filed.
Answers of following Defendants filed: Automatic
Fire Alarm Company of Delaware, Holmes Electric
Protective Company, and American District Tele-
graph Company.
Answer of the defendant Grinnell Corporation filed.
Defendants’ Notice to Take Deposition (3) of Co-
operative Burglary Protection Co., Suburban Patrol
Serviee Corp. and Kedzie Protective Patrol filed.
Interrogatories Propounded by the Pltff. to Grinnell
Corporation filed.
Interrogatories Propounded by the Pltff. to Amer-
ican District Telegraph Company filed.
Interrogatories Propounded by the Plitff. to Holmes
Electric Protective Company filed.
Interrogatories Propounded by the Pltff. to Auto-
matic Fire Alarm Company of Delaware filed.
[fol. 4]
31
Pitff’s Notice of Motion For The Production of
Documents, Motion For Production of Documents,
Affidavit and Memorandum in Support of Motion
For Production of Documents, Affidavit of Service
as to Grinnell Corporation filed.
Plitff’s Notice of Motion For The Production of
Documents, Motion For Production of Documents,
Affidavit and Memorandum in Support of Motion
For Production of Documents, Affidavit of Service
as to American District Telegraph Company filed.
Plitff’s Notice of Motion For The Production of
Documents, Motion For Production of Documents,
Affidavit and Meni8randum in Support of Motion
For Production of Documents, Affidavit of Service
as to Holmes Electric Protective Company filed.
Pitff’s Notice of Motion For The Production of
Documents, Motion For Production of Documents,
Affidavit and Memorandum in Support of Motion
For Production, of Documents, Affidavit of Service
as to Automatic Fire Alarm Company of Delaware
filed.
Motion of Deft., Grinnell Corporation for extension
of time to file answer, etc. to Interrogatories, etc.
~ to October 23, 1961 granted and filed.
Motion of Defts., American District Telegraph
Company, Holmes Electric Protective Company
and Automatic Fire Alarm Company of Delaware
to file answer, etc. to Interrogatories, etc. to October
23, 1961 granted and filed.
Motion of Plitff. to extend time to object of answer
Interrogatories of Defts., American District Tele-
graph Company, Holmes Electric Protective Com-
pany and Automatic Fire Alarm Company of Dela-
ware to October 16, 1961 granted and filed.
Notice to Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Notice to Take Deposition filed by Defendants
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware (3).
Defendants’ Notice to Take Deposition—Defend-
ants American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware—of Morse Signal
Devices, Inc. filed.
Defendants Notice of Taking Depositions Upon
Written Interrogatories, on behalf of American
District Telegraphy Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware filed.
Defendants—American District Telegraph Com-
pany, Holmes Electric Protective Company and
Automatic Fire Alarm Company Delaware—Notice
of Taking Depositions upon Written Interroga-
tories filed.
3 Notices of Taking Depositions filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company, and Automatic Fire
Alarm Company of Delaware. Notice of Taking
Depositions Upon Written Interrogatories filed by
Defts., American District Telegraph Company,
Holmes Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware.
Pltfi’s Notice of Taking Depositions Upon Written
Interrogatories, etc. filed.
Notice of Taking Depositions Upon Written In-
terrogatories filed by Defts., American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware.
Notice to Take Depositions filed by Defts., Ameri-
can District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware. _
Defendants’ Notice to Take Depositions of Pro-
tection Engineering Corp., 7515 North 7th Street,
Los Angeles, California, Central Burglar Alarm
Service, 1114 West 2nd St., Los Angeles, Cal.,
Gerber & Company, Inc. 311 North Verdugo Rd.,
Glendale, Cal. filed.
Notice to Take Depositsions filed by Defts., Amer-
ican District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware.
Pltff’s Notice of Taking Depositions Upon Written
Interrogatories filed.
Notice To Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware.
2 Notices to Take Depositions filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware.
Deposition of Henry A. Walters filed.
Pltff’s Objection to Notice For Taking Deposition
of Witnesses Upon Written Interrogatories filed.
Notice To Take Depositions filed by Defts., Amer-
ican District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware filed.
Stipulation re Interrogatories, etc. filed.
Deposition of Arthur T. Orner filed.
Deposition of Joseph Siegel filed.
Deposition of Michael Singel filed.
Date
1961
Oct. 13
16
[fol. 6]
30
Docket ENTRIES
Depositions of Arthur W. Fruh, Joseph E. Cunning-
ham, Jr., Ruth Moran and Carl Marlow, D. B.
Robertson filed.
Depositions of Clarence W. Novak, William F.
Streit, Jack J. Zimmerman, Daniel Reames, O. G.
Iigner, Joseph K. Aberle, Edward A. Petrosius,
Fred Levine, Irwin Marks, M. I. Brod, Harry
Kaufman, Marvin Marks filed.
Memorandum in Support of Pltff’s Objections to
Certain Interrogatories Propounded by Defts. Amer-
ican District Telegraph Company, Automatic Fire
Alarm Company of Delaware and Holmes Electric
Protective Company filed.
Pitff’s Answers to Interrogatories Propounded by
Defts. filed.
Continued to Next Term.
Deposition of William A. Satek filed.
Answers to Interrogatories filed by Deft., American
District Telegraph Company.
Answers to Interrogatories filed by Dett., Auto-
matic Fire Alarm Company of Delaware.
Answers to Interrogatories filed by Deft., Holmes
Electric Protective Company.
Notice of Hearing and Objections to Government
Interrogatories Addressed to American District
Telegraph Company filed by said Deft.
Notice of Hearing and Objections to Government
Interrogatories Addressed to Holmes Electric Pro-
tective Company filed by said Deft.
Notice of Hearing and Objections to Government
Interrogatories Addressed to Automatic Fire Alarm
Company of Delaware filed by said Deft.
Answers of Grinnell Corporation to Interrogatories
filed.
Depositions of Henry J. Poile, Morris J. Amsrud
and Josephine Langner filed.
Notice of Motion and Motion re orders under Rule
37(a) and (d) filed by Defts., American District
Telegraph Company, Holmes Electric Protective
_ Company and Automatic Fire Alarm Company of
- Delaware.
Memorandum of Defts., American District Tele-
graphy Company, Holmes Electric Protective Com-
pany and Automatic Fire Alarm Company of
Delaware in Opposition to Pltff’s Objections to
Interrogatories and in Support of Deft’s Motion
For An Order Compelling Further Answers and
Directing Preclusion of Proof filed.
Affidavit In Opposition To Gover’s Motion For
Production of Documents filed by Frank A. Fritz.
Affidavit In Opposition To Govt’s Motion For
Production Of Documents filed by Frank A. Fritz.
Affidavit In Opposition to Govt’s Motion For
Production Of Documents filed by Frank A. Fritz.
Memorandum in Behalf of Defts’ American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware in Opposition to Govt’s Motion For
Production of Documents filed.
Plitff’s Memorandum in Reply. to Objections of
Defts., American District Telegraph Company,
Holmes Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware to Certain
Interrogatories Propounded by Pitff. filed.
Notice to Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware filed.
Notice to Take Depositions filed by Defts., Amer-
ican District Telegraph Company, Holmes Electric
Protective Company and Auotmatic Fire Alarm
Company of Delaware filed.
7 Pitff’s Notices of Taking of Depositions filed.
4 Notices to Take Deposition filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware.
Memorandum of Pitff. in Support of Pltff’s Motion
For the Production of Documents, In Opposition
to Deft’s Motion For An Order Compelling Further
Answers to Interrogatories and In Response to
Deft’s Memorandum in Opposition to Pltff’s Objec-
tions to Interrogatories filed.
Reply of Defts. American District Telegraph Com-
pany, Holmes Electric Protective Company and
Automatic Fire Alarm Company of Delaware
to Memorandum of Plitff. in Support of Pitff’s
Motions For The Production of Documents, In
Opposition to Defts. Motion For An Order Com-
pelling Further Answers to Interrogatories and In
Response to Defts. Memorandum In Opposition to
Pitff’s Objections to Interrogatories filed.
2 Deposition Subpoenas of Defts., American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware returned duly served and filed.
Interrogatories with Notice filed by American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Deposition of Erie David filed.
Deposition of Jack Silverman filed.
Notice to Take Depositions filed by Defts., Amer-
ican District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware.
Appearance of Robert G. Levy, Esq. for Pitff.
filed.
Docker ENTRIES
Pitff’s Notice of Hearing together with Objections
to Additional Interrogatories Propounded by Defts.,
American District Telegraph Company, Automatic .
Fire Alarm Company of Delaware and Holmes
Electric Protective Company filed.
Memorandum on Behalf of Pltff., United States of
America, In Opposition to Additional Interroga-
tories Propounded by Defts., American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware filed.
Notice For Filing Depositsions filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware as to Henry A.
Walters, Arthur T. Orner, Joseph Siegel, Michael
Singel, Arthur W. Fruh, Joseph E. Cunningham,
Jr., Ruth Moran, Carl Marlow, D. B. Robertson,
Clarence W. Novak, William F. Streit, Jack J.
Zimmerman, Daniel Reannies, O. G. Ilgner, Joseph
K. Aberle, Edward A. Petrosius, Fred Levine,
Irwin Marks, M. I. Brod, Harry Kaufman, Marvin
Marks, William A. Satek, Henry J. Poile, Morris
J. Amsrud, Josephine Langner, Eric David and
Jack Silverman.
Deposition Subpoena returned duly served and filed
as to M. G. Sondeck, ete.
Deposition Subpoena returned duly served and filed
as to James H. Bray, ete. filed.
Deposition Subpoena returned duly served and filed
as to Curtis Dillard, etc.
Deposition Subpoena returned duly served and filed
as to James W. Flatron, etc. filed.
Depositions of Gerald J. Linder, Robert E. Leeper
and Joseph G. Wilson filed.
Amended Notice To Take Deposition filed by
Defts., American District Telegraph Company,
Holmes Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware.
Docket ENTRIES
Notice of Filing Depositions filed by Defts., Amer-
ican District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware as to Robert E. Leeper,
Gerald J. Linder and Joseph G. Wilson. Notice to
Take Deposition filed by Defts., American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware.
Depositions of Morris F. Weinstock and Arthur E.
Weiss filed.
Notice of Withdrawal of Deposition filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware.
Memorandum filed by Chief Judge Sweeney cover-
ing all objections and motions filed through Decem-
ber 21, 1961 (Copy given to Raymond J. Pettine,
U.S. Atty. and 2 copies given to Matthew W.
Goring, Esq.)
3 Deposition Subpoenas returned duly ser-ed and
filed of Defts., American District Telegraph Com-
pany, Holmes Electric Protective Company and
Automatic Fire Alarm Company of Delaware.
1 Pitff’s Subpoena returned duly served and filed.
Notice of Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Depositions of Clifford T. Davis and Harry Gerber
filed.
Deposition of Alec Venners filed.
Depositions of Harold 8S. Smith and Thomas F.
Smith filed.
[fol. 10)
Docket ENTRIES
Depositions of Thomas M. Lewin and Lyle A.
Vadnais filed.
Pitff’s Memorandum in Opposition ~ Proposed
Counter-Order Of Defts. American District Tele-
graph Company, Holmes Electric Protective Com-
pany and Automatic Fire Alarm Company of
Delaware filed.
Pitff’s Motion to Limit the Scope of Examination
Pursuant to Rule 30(b), ete. together with Notice
of Motion, etc. filed.
Received and filed a letter from Hon. George C.
Sweeney, Chief Judge, U.S. District Court for Dist.
of Massachusetts notifying that he has withdrawn
from the above entitled case, etc.
Answers to Interrogatories filed by American Dis-
trict Telegraph Company.
Answers to Interrogatories filed by Automatic Fire
Alarm Company of Delaware.
Answers to Interrogatories filed by Holmes Electric
Protective Company.
Pitff’s Further Answers to Interrogatories Pro-
pounded by Defts., American District Telegraph
Company, Automatic Fire Alarm Company and
Holmes Electric Protective Company filed.
Depositions of Gordon Dillard and James H. Bray
filed.
Revocation of Designation of District Judge (Honor-
able George C. Sweeney) For Service in Another
District Within His Circuit entered and filed.
Designation of District Judge (Honorable Charles
E. Wyzanski, Jr.) For Service in Another District
Within His Circuit entered and filed.
Affidavit of Boyd B. Henry, Jr. filed.
Memorandum in Support of Govt’s Proposed Order
For Requiring Production of Documents at the
United States Attorney’s Office in New York City
filed.
Apr. 3
4
13
{fol. 11]
16
Docket ENTRIES
Deposition of Kenneth M. Holmes field.
Order received from Judge Wyzanski and filed.—
together with Letter.
Docket entries received from Judge Wyzanski as
follows:
Apr. 3—Wyzanski, J. Hearing on government
motion to settle form of order for produc-
tion of documents; Order dictated; Order
entered; defts to produce documents at
their respective offices in NY, commencing
Apr 16 62 and continuing until May 18
62, etc.
3—Wyzanski, J. Hearing on government
motion to limit scope of examination pur-
suant to R 30(b), FRCP; denied.
3—Wyzanski, J. Hearing on government
motion to quash subpae duces tecum;
denied.
3—Notice mailed to Clerk, USDC, Dist. of
RI, Providence 3, RI on rulings together
with copy of Order. Copy of Order
furnished Messrs Story, Clapp, Fritz,
Conkling, Williams, Goring.
Reporter’s Transcript (Thomas H. Ford) of hearing
before Judge Wyzanki in Boston, Mass. on April
3 1962 filed.
Deposition of Grant Richard Hamilton filed.
Deposition of Harold Willar Lewis filed.
Deposition of Kenneth Sumner McFarland, Jr.
filed.
Continued to Next Term.
Deposition of Everett Westphal filed.
Deposition of Harold W. Gray, Jr. filed.
Deposition of Mary B. Nordsiek filed.
Deposition of Fred Nordsiek filed.
Deposition of Walter W. Richardson filed.
Deposition of Clarence F. Baker filed.
12
Docket ENTRIES
Deposition of Loys C. Bridges filed.
Notice For Filing Depositions filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware.
Notice to Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Deposition of Clarence C. Spahlinger filed.
Deposition of Gerald R. De Lue filed.
Deposition of Sarah E. Jackson filed.
Deposition of Harold S. Leich filed.
Deposition of John Daniel Brosnan filed.
Deposition of Maurice Gerson Sondock filed.
Deposition of George A. Smith, Volume I and II
filed.
Deposition of Clarence Stanley Damon filed.
12 Notices of Taking of Deposition filed by Pltff.
Pitff’s Notice of Taking of Deposition filed.
Certificate of Service filed by Plitff.
Notice to Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Notice to Take Deposition filed by Defts., American.
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Deposition of Emerson M. Booher filed.
Deposition of Ephraim B. Oberlander filed.
Continued to next term.
Order In Regard To Taking Of Depositions re
Elizabeth O’Keefe received from Judge Wyzanski
and filed.
Date
1962
Oct. 25
[fol. 12]
31
Notice To Take Deposition filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Stipulation re information furnished by the General
Services Administration, etc. filed.
Received letter from Judge Wyzanski dated October
31, 1962 stating he had made the following notation
on above stipulation: ‘Approved Oct. 31, 1962,
C. E. Wyzanski, Jr., U.S.D.J.”’.
Deposition of Thomas L. Lugen filed.
Deposition of Ralph C. Peabody filed.
Deposition of Maurice Gerson Sandock filed.
Pitff’s Notice of the Filing of Depositions (10) filed.
Deposition of Peter J. Newmann, Albany, N.Y.
filed.
Deposition of John S. Nacey filed.
Deposition of Arthur A. Schwartz filed.
Deposition of George J. Kusta filed.
Notice of Motion to Bring on For a Hearing the
Suspension of Depositions by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and the Automatic Fire Alarm
Company of Delaware together with Affidavit of
Noel E. Story filed by Pltff.
Memorandum in Support of the Govt’s Motion to
Bring On For a Hearing the Suspension of Deposi-
tions by Defts., American District Telegraph Com-
pany, Holmes Electric Protective Company and
The Automatic Fire Alarm Company of Delaware
filed.
[fol. 13]
25
Memorandum In Behalf of Defts., American Dis-
trict Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware Responding to the Govt’s Motion
For A Hearing filed.
Order received and filed from Judge Wyzanski re
Pitff’s motion in regard to the suspension of deposi-
tions and on its request for some pre-trial rulings, etc.
Received and filed from Judge Wyzanski the follow-
ing:
Copy of Order of January 10, 1963 re suspension
of depositions, ete.
Order re quashing certain subpoenas duces
tecum, etc.
Appearance of Denis G. McInerney for Deft.,
Grinnell Corporation.
(4 Letters)
Reporter’s Transcript of hearing on January 10,
1963.
Depositions of Benjamin H. Call and Joe Forman
filed.
Notice of Deposition filed by Defts., American Dis-
trict Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Deposition of Milton Pierce filed.
Deposition of Claude L. Carpenter filed.
Deposition of Frank W. Houghton filed.
Pltff’s Notice of Taking of Deposition filed. 1
Subpoena issued.
1 Pitff’s Deposition Subpoena returned duly served
and filed.
Pltff’s Certificate and Additional Interrogatories to
Deft., Grinnell Corporation together with Additional
Motion For Prceduction of Documents to Deft.,
Grinnell Corporation filed.
Date
1963
Feb. 4
BN
[fol, 14]
17
Docket ENTRIES
Pltff’s Certificate and Additional Iuterrogatories and
Additional Motions For Production of Documents
to Defts., American District Telegraph Company,
Holmes Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware filed.
Affidavit on Support of the Govt’s Additional
Motions For The Production of Documents Ad-
dressed to Defts., Grinnell Corporation, American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware filed.
Pltff’s Notice of Taking of Deposition filed.
Pitff’s Notice of Taking of Deposition filed.
Stipulation extending time to February 25, 1963 for
Defts to advise Govt. counsel whether they will
interpose any objections of the ‘additional inter-
rogatories propounded by the Pitff’’, etc. filed. (to
be entered by Judge Wyzanski)
Deposition of James E. Rose filed.
Stipulation extending time to March 6, 1963 for
Defts. to advise Govt. counsel whether they will
interpose any objections of the ‘additional inter-
rogatories propounded by the Pltff’’, etc. filed. (to
be entered by Judge Wyzanski)
Pltff’s Notice of Taking of Deposition Upon Written
Interrogatories filed.
Pitff’s Notice of Taking of Deposition Upon Written
Interrogatories filed.
Pitff’s Notice of Taking of Deposition Upon Written
Interrogatories filed.
Pltff’s Notice of Taking of Deposition Upon Written
Interrogatories filed.
Appearance of Hugh P. Morrison, Jr., Esq., At-
torney, Antitrust Division, U.S. Dept. of Justice,
for Pitff. filed.
Docket ENTRIES
Notice of Motion to Vacate Pltff’s Notice of Dep-
osition together with Affidavit of Averill M. Wil-
liams, etc. filed by Defts., American District Tele-
graph Company, Holmes Electric Protective Com-
pany, Automatic Fire Alarm Company of Delaware
filed.
Order entered and filed re Defts’ objections to
production of documents, ete.
Notice of Motion to Vacate Pitff’s Notices of Dep-
osition filed on March 11, 1963 is marked—
Waived in open Court March 13, 1963 Wyzanski
3-13-63, and filed.
Deposition of Morton Baizer filed.
Plaintiff’s Notice of the Filing of Depositions filed.
Notice of Taking Depositions Upon Written In-
terrogatories, etc. filed by Defts., American District
Telegraph Company, Holmes Electric Protective
Company and Automatic Fire Alarm Company of
Delaware.
Stipulation extending date by which Deft., Grinnell
Corporation must answer the Additional Inter-
rogatories, etc. to May 1, 1963 filed.
Answers of Grinnell Corporation to Additional
Interrogatories Propounded by PIltff. filed.
Notice of Deposition filed by Defts., American Dis-
trict Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Continued to next term.
Stipulation re Production of Additional Documents
by ADT, Holmes and AFA approved and filed.
Pltff’s Notice of Taking Deposition Upon Written
Interrogatories filed.
Pltff’s Notice of Taking Deposition Upon Written
Interrogatories filed.
[fol. 15]
16
31
Docket ENTRIES
4 Notices of Taking of Deposition Upon Written
Interrogatories (Defendants Cross-Interrogatories)
filed by Defts., American District Telegraph Com-
pany, Holmes Electric Protective Company and
Automatic Fire Alarm Company of Delaware.
Answers of Automatic Fire Alarm Company of
Delaware to additional Interrogatories served on it
on January 31, 1963 filed.
Holmes’ Answers to Additional Interrogatories
filed.
ADT’s Answers to Additional Interrogatories filed.
Pltff’s Notice of Taking of Deposition filed.
Pltff’s Notice of Taking of Deposition filed.
Notice of Taking Deposition filed by Defts., Ameri-
can District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware.
2 Notices of Taking Deposition filed by Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware.
Answers of the Pitff. to Interrogatories filed.
Deposition of Lee C. Underdown filed.
Notice of Taking Deposition filed by Defts., Ameri-
can District Telegraph Company, Holmes Electric
Protective Company and Automatic Fire Alarm
Company of Delaware.
Third Set of Interrogatories Propounded by PIltff. to
American District Telegraph Company, Automatic
Fire Alarm Company of Delaware and Holmes
Electric Protective Company filed.
Amended Notice of Taking Deposition filed by
Defts., American District Telegraph Company,
Holmes Electric Protective Company and Auto-
matic Fire Alarm Company of Delaware.
Deposition of Roy Van Wagner filed.
22
25
[fol. 16]
29
Deposition of Samuel G. Wight filed.
Requests for Admissions filed by Defts., American
District Telegraph Company, Holmes Electric Pro-
tective Company and Automatic Fire Alarm Com-
pany of Delaware.
Answer of AFA to “Third Set of Interrogatories
Propounded by the Plaintiff’ filed.
Answer of Holmes to “Third Set of Interrogatories
Propounded by the Plaintiff’ filed.
Answer of ADT to “Third Set of Interrogatories
Propounded by the Plaintiff’ filed.
Depositions upon Written Interrogatories of Lyle
Underdown, etc. and Joe B. Underdown, etc. filed.
Pitff’s Answers to Deft’s Request For Admissions
filed.
Pltff’s Notice of Taking of Deposition filed.
Government’s Amended Notice of Taking of Dep-
osition filed
Deposition Subpoena issued
Deposition of Ira B. Warlick filed.
Government’s notice of withdrawal of Notice of
Deposition filed.
Government’s Stipulation for extension with respect
to Request for Admission—filed.
Deposition Subpoena returned duly served and
filed (1)
Deposition of Freddie Schnell filed.
Notice of Taking of Deposition filed by Defts.
American Dist. Telegraph Company, Holmes Elec-
tric Protective Company and Automatic Fire
Alarm Company of Delaware.
1 Deposition Subpoeana issued.
Deposition of Thaddeus M. Wilhelm filed.
Certified copy of Deposition Subpoena to Charles
C. Porch returned duly served and filed.
12
15
19
Sept. 5
Oct. 2
[fol. 17]
Oct. 14
14
Nov. 12
18
Dec. 23
Deft’s Notice of Taking Deposition upon Written
Interrogatories filed (2)
Stipulation re revenue figures entered and filed
(Entered 8/9/63)
Defts’ Amer. Dist. Telegraph Co., Holmes Electric
Protective Co. and Automatic Fire Alarm Co. of
Delaware Notice of Deposition on Written Inter-
rogatories filed, and Notice of Deposition filed.
Plaintiff’s Notice of Taking of Deposition filed.
Deposition of Donald Dutton Pillsbury filed.
Deposition of Francois E. Guibert filed.
Deposition of Francois E. Guibert filed.
2 Notice of Taking of Deposition Upon Written
Interrogatories (Pltff’s Cross Interrogatories) filed
by Pltff.
Notice of Taking of Deposition Upon Written
Interrogatories (Pltff’s Cross Interrogatories) filed by
Pltff.
Deposition of Russell W. Laxson filed.
Deposition of Victor R. Zahn filed.
Stipulation entered and filed re affidavit of Roy
Van Wagner, etc.
Deposition of Irevin J. Rosenberg filed.
Deposition of Gerson Zimmerman filed.
Deposition of Albert Wayne Jackson filed.
Deposition of R. Stafford Edwards filed.
Deposition of George F. Allebach (2 Vols) filed
together with envelope of exhibits.
Depositions of Robert Hall Clothes, IBM, Howard
Stores Corp. filed.
Continued to next term.
Deposition of Sidney Stackler filed.
Reporter’s Transcript of hearing on March 13, 1963
filed.
Deposition and exhibits of Henry G. Clark filed.
Order entered and filed re transcripts, trial briefs,
etc.
Jan. 29
Feb. 14
Docket ENTRIES
Designation of Documents Upon Which Pitff. Will
Rely in Its Case-In-Chief and A Statement Of The
Main Issues To Which Each Document Primarily
Relates filed.
Designation Of Pages Or Portions Of Pages Of
Transcripts Of Depositions Upon Which Pitff. Will
Rely In Its Case-In-Chief filed.
Designation of Answers Of The Grinnell Corporation
To Interrogatories Propounded By Pitff. filed.
Designation Of Answers Of The American District
Telegraph Company To Interrogatories Propounded
By Pitff. filed.
Designation Of Answers Of The Automatic Fire
Alarm Company of Delaware To Interrogatories
Propounded By Pltff. filed.
Designation Of Answers Of The Holmes Electric
Protective Company To Interrogatories Propounded
By Pitff. filed.
Trial Brief For The United States filed.
Certificate of serving of above documents, etc. filed.
Pitff’s Position as to the Basis of Liability of Each
of the Deft. filed.
Proposed Form of Judgment and Proposed Form of
Judgment After Trial filed.
Certificate of serving of above documents filed.
Stipulation No. 1, No. 2, No. 3, No. 4, and No. 5
filed together with Appendix A.
Continued to next term.
Deposition of Charles C. Porch filed together with
envelope containing exhibits in connection with said
deposition.
Notice of Motion together with affidavits of Dennis
G. McInerney, Frank A. Fritz, etc. re vacating order
setting cause for trial, etc. filed by Defts.
Copy of Order received and filed from Judge
Wyzanski re motion of June 2, 1964.
Date
1964
{fol. 18]
June 8
10
11
12
15
19
Entire original file together with all remaining tran-
scripts, depositions, etc. given to the U.S. Marshal
to be transported to the Clerk, U.S. District Court
Dist. of Mass., Boston, Mass.
Depositions of James H. McDowell and Malcolm
Goldstone filed.
Petition and Affidavit of Clarence H. Rison filed.
Notice of Motion and Affidavits of Disqualification
of Hon. Charles E. Wyzanski, Jr. on Behalf of Defts.,
American District Telegraph Company, Holmes
Electric Protective Company and Automatic Fire
Alarm Company of Delaware filed.
Deposition of George W. Saunders filed.
Deposition of Edward J. Lavino filed.
Deposition of Herman E. Robinson filed.
Deposition of Joseph Forman filed.
Deposition of Eigene Curran filed.
Deposition of Herman E. Robinson in unmarked
envelope filed. (Vol I)
Deposition of Shelton Phillips filed.
Letter received from Judge Wyzanski together with
copies of transcripts of May 28, June 3 and June 9,
1964 and filed.
2 Deft’s Subpoena Duces Tecum returned duly
served and filed.
Request to Admit filed by Deft., Grinnell Corpora-
tion
Stipulation No. 6, Stipulation No. 8 and Stipulation
No. 9 filed.
Copy of Memorandum of Ch. J. Woodbury received
and filed.
1 Defts’ Witness Subpoena returned duly served and
filed.
4 Defts’ Witness Subpoenas returned duly served and
filed.
41 Defts’ Subpoenas Duces Tecum returned duly
served and filed.
16
2
{fol. 19}
Oct. 19
Nov. 27
12 Defts’ Subpoenas Duces Tecum returned duly
served and filed.
4 Defts’ Witness Subpoenas returned duly served
and filed.
10 Defts’ Subpoenas Duces Tecum returned duly
served and filed.
1 Defts’ Witness Subpoena returned duly served
and filed.
6 Defts’ Subpoenas Duces Tecum returned duly
served and filed.
1 Defts’ Subpoena Duces Tecum returned, not
served, and filed.
1 Defts’ Witness Subpoena returned duly served
and filed.
Appendix “A” Pltff’s Request For Findings of Fact
filed.
Pitff’s Post-Trial Brief filed.
Certificate of Service, etc. filed.
Defts’ Joint Motion to Correct Transcript filed.
Pitff’s Reply to Defts’ Post-Trial Brief filed.
Certificate of service, etc. filed.
(Sontinued to next term.
Received from Judge Wyzanski the following at
9:00 A.M.
Syllabus
Findings of Fact, Conclusions of Law and Opinions
Final Decree entered and filed that Defts. are
severally and jointly found to have violated Sec. 1
of Sherman Act, etc. Defts. are enjoined from further
restraining trade or attempting or combining to
restrain trade in that designated market, etc.
Deft., Grinnell Company, shall file a plan with Court
of divesture of stock in each of Ala-m Company
Defts., etc.
James D. Fleming shall no longer be employed by
any of Defts., etc.
26
Feb. 23
Defts. shall pay the costs of this case, etc.
Jurisdiction is restrained, etc.
Letter setting out errors in the papers received and
filed by phone at 9:05 A.M.
Notice of Appeal to the Supreme Court of the
United States filed by Pltff. (Copy of said Notice
mailed to Matthew W. Goring, Esq. and Roger T.
Clapp, Esq.)
Notice of Appeal to the Supreme Court of the
United States filed by Deft., Grinnel Corporation.
(Copy of said Notice mailed to Raymond J. Pettine,
U.S. Atty.)
Notice of Appeal to the Supreme Court of the
United States filed by Deft., Holmes Electric Pro-
tective Company. (Copy of said Notice mailed to
Raymond J. Pettine, U.S. Atty.)
Notice of Appeal to the Supreme Court of the
United States filed by Deft., Automatic Fire Alarm
Company of Delaware. (Copy of said Notice mailed
to Raymond J. Pettine, U.S. Atty.)
Notice of Appeal to the Supreme Court of the
United States filed by Deft., American District
Telegraph Company. (Copy of said Notice mailed to
Raymond J. Pettine, U.S. Atty.)
Record on Appeal together with certified copy of
docket entries forwarded to Clerk, U. 8. Supreme
Court, Washington, D.C.
Receipt of Raymond J. Pettine for all the boxes
containing all the papers, Box No. 1 to Box No. 11,
inclusive, filed.
Record on Appeal together with certified copy of
docket entries forwarded to Clerk, U. 8S. Supreme
Court, Washington, D.C.
(fol. 21]
Docket ENTRIES
Motion For Extension of Time For Docketing Case
on Appeal to the Supreme Court of the United
States filed.
(Copy of letter dated March 22, 1965 from Judge
ae to Noel E. Story re extension of time
filed)
Certified copy of Order of Supreme Court of the
United States noting probable jurisdiction, etc.
received and filed.
Wyzanski, J. Pretrial Conference had: Robt L.
Donnelly, Esq of New York bar presented to Court
by Mr. Fritz. On application to keep secret certain
documents, denied after hearing. Trial date Monday,
June 15, 1964, 10 am.
Court reporter’s transcript of proceedings May 28,
64, filed.
Wyzanski, J. Hearing on defendants’ motion to
vacate Order of May 28th, opposed by government
denied.
Wyzanski, J. Order entered denying motion to post-
pone trial date and limit relief available to the govt.
Copy mailed to all counsel and to Clerk at RI.
Wyzanski, J. Court directs deputy clerk Foley to
mark for identification any documents anybody
desires to have numbered, Friday, June 12, 1964.
Copy to Messrs Story, Goring, McInerney, Pettine,
Murphy, Clapp, Fritz.
Court reporter’s transcript of hearing June 3, 64,
filed.
Wyzanski, J. Motion for Disqualification filed June
2 1964 in Rhode Island:
Court quotes provisions of T 28 USC 144; declines
any action and refers defendants to Chief Judge
Woodbury of Court of Appeals, who assigned him
to hear the case.
27
Docket ENTRIES
Date
June 9 Filed at Boston, Application of defendant Alarm
Cos and affidavit of Frank A Fritz for order under 15
USC 23 (issuance of subpoenas to witnesses outside
mileage zone).
9 Filed at Rhode Island, defendant Grinnell’s request
for admissions.
10 Court reporter’s transcript of hearing on disquali-
fication June 9, 1964, filed.
10 Wyzanski, J. Thermofax copy of transcripts of
May 28, June 3 and 9 furnished to Clerk at RI and
to Judge Woodbury.
11 Woodbury, Ch. J. Ct of Appeals
Memorandum filed: Findings and rulings, after
hearing on June 11, 1964 on defendants’ motions
and affidavits re disqualification, that affidavits
of bias and prejudice are insufficient in law and
fact, and that there is no adequate basis for con-
cluding that Judge Wyzanski is disqualified to
proceed further in the case. Copy mailed to
Clerk, R I.
12 Wyzanski, J. Order entered permitting defendants
summons nonresident witnesses beyond 100 miles
from place of trial.
[fol. 22]
June 15 Wyzanski, J. Hearing on government motions to
quash subpenas duces tecum to Pettine; written and
oral motions granted in full. Court adopts each
different reason set out by government in motion.
Trial
June 15 Wyzanski, J. First Day
Trial without jury begins; government offers ex-
hibits 1 through 307 in bulk; defendants heard in
opposition ; objections overruled. 1-307 admitted in
toto. Court quashes trial subpena to witness Leich
after receipt of his letter and doctor’s report and
after withdrawal of subpena by counsel.
28
Date
1964
June 15
16
17
Docket ENTRIES
Hearing on objections to admission of govt exhibit
335 for identification (Leich dep); withdrawn by
govt. Hearing on defendants’ objections (set out in
A, B and C-1 thru 5 for ident) to certain govt
exhibits; Court addresses counsel on these objections
and overrules all at this time; will consider all
objections at time of draft of rulings; government
rests. At close of plaintiff’s case, defendant Alarm
Companies move to dismiss; denied; defendant
Grinnell moves to dismiss; denied ; adjourned to Tues
June 16.
Wyzanski, J. Second Day
Nonjury trial continues; evidence; testimony Schultz
re matters prior to 1945, struck; further evidence;
adjourned to June 17.
Wyzanski, J. Third Day
Nonjury trial continues; evidence; motion to strike
portions testimony witness Gaston denied; evidence;
motion to strike Simon testimony, granted; stipula-
tion entered into re testimony of witness Elliott,
Fire Chief, City of Everett; evidence; motion to
strike portions testimony witness Maxey, denied.
Plaintiff’s answers to request for admissions by
defendant Grinnell, filed.
Hearing on govt objections to request No. 2; all
requests stand as admitted except insofar as they
are denied. Trial adjourned to Monday, June 22,
1964 at 10 am.
Wyzanski, J. Fourth Day
Civil nonjury trial continues; evidence; adj. to
June 23.
Wyzanski, J. Fifth Day
Civil nonjury trial continues; govt motion to strike
testimony of witness Fahey, denied.
Entire deposition of each deponent from whose
deposition defenuants excerpted certain portions of
testimony, (which excerpts were previously ad-
mitted as defendants’ W-1 through W-7), admitted
Oct.
[fol. 23]
June 24
[fols. 25-25a]
Docket ENTRIES
this date and they are marked govt ‘“W-1l-a” thru
“‘W-47-a’’. Govt motion to strike testimony witness
Rouse, denied. Evidence for defendants ADT,
Holmes Electric and AFA, concludes with testimony
of Dr Markham, and said defendant Alarm Com-
panies rest. Adj to June 24, 1964.
Wyzanski, J. Sixth Day
Civi) nonjury trial continues; motion of defendants
to strike Forman exhibit, allowed.
Evidence on behalf of defendant Grinnell com-
mences; evidence concludes. Grinnell motion to
strike certain of govt exhibits, filed and denied.
Briefs to be served upon opposing parties and filed
with clerk by Friday, September 11, 1964;
Reply briefs to be served on opposite side and filed
with clerk by Friday, October 2, 1964;
Oral argument Friday, October 9, 1964 in Boston.
Copy of plaintiff’s post-trial brief, filed.
Copy of Plaintiff’s request for findings of fact,
“Appendix ‘A’, filed.
Copy of Brief for defendant Grinnell Corporation,
filed.
Copy of Brief for defendants ADT, Holmes and
AFA, filed.
Copy of plaintiff’s reply to defendants’ post-trial
brief, filed.
Copy of Grinnell Corporation’s reply brief, filed.
Copy of reply brief for defendants ADT, Holmes
and AFA, filed.
Wyzanski, J. Oral arguments begin and conclude.
Advisement.
[File endorsement omitted].
30
[fol.26] In tHe Unirep Srates Districr Court ror THE
District oF Ruope IsLanp
Civil Action No. 2785
Unirep States or America, Plaintiff,
Vv.
GRINNELL Corporation; AMERICAN District TELEGRAPH
Company; Hotmes Evecrric Protective Company; and
Automatic Fire Atarm Company oF DeLaware, Defend-
ants.
Comptaint—Filed April 13, 1961
The United States of America, plaintiff, by its attorneys,
acting under the direction of the Attorney General of the
United States, brings this civil action against the above
named defendants and complains and alleges as follows:
I
Jurisdiction and Venue
1. This complaint is filed and this action is instituted
under Section 4 of the Act of Congress of July 2, 1890,
c. 647, 26 Stat. 209 (15 U.S.C. $4), as amended, entitled
‘*An Act to protect trade and commerce against unlawful
restraints and monopolies,’’ commonly known as the Sher-
man Act, in order to prevent and restrain the continuing
violations by the defendants, as hereinafter alleged of Sec-
tions 1 and 2 of the Sherman Act.
2. The defendant Grinnell Corporation transacts busi-
ness and is found within the District of Rhode Island.
[fol. 27] II
The Defendants
3. Grinnell Corporation, hereinafter referred to as
‘‘Grinnell’’, a corporation organized and existing under
the laws of the State of Delaware, with its principal place
of business at 260 West Exchange Street, Providence 3,
Rhode Island, is hereby made a defendant herein. It is
31
engaged, among other things, in the manufacture and in-
stallation of automatic sprinkler systems, in the manufac-
ture of protection devices, and, directly or through sub-
sidiaries and affiliates, in the business of central station
electrie protection service.
4. American District Telegraph Company, bereinafter
referred to as ‘‘ADT’’, a corporation organized and exist-
ing under the laws of the State of New Jersey, with its
principal place of business at 155 Sixth Avenue, New York
13, New York, is hereby made 2 defendant herein. It has
a large number of subsidiarics through which it is engaged
in the business of central station electric protection service
throughout the United States and in Canada, and in the
manufacture of protection devices. Approximately 75%
of the common stock of ADT is owned by defendant Grin-
nell. References to ADT hereinafter include subsidiaries
of ADT.
5. Holmes Electric Protective Company, hereinafter re-
ferred to as ‘‘Holmes’’, a corporation organized and exist-
ing under the laws of the State of New York, with its prin-
cipal place of business at 370 Seventh Avenue, New York 1,
New York, is hereby made a defendant herein. It is en-
gaged, among other things, directly or through subsidiaries,
in the business of central station electric protection service
in New York, New York, Philadelphia, Pennsylvania, and
Pittsburgh, Pennsylvania. Holmes is a wholly owned sub-
sidiary of defendant Grinnell.
[fol. 28] 6. Automatic Fire Alarm Company of Delaware,
hereinafter referred to as ‘‘AFA’’, a corporation organ-
ized and existing under the laws of the State of Delaware,
with its principal place of business at 120 West 42nd Street,
New York, is hereby made a defendant herein. Said defend-
ant is engaged, among other things, directly or through sub-
sidiaries, in the business of central station electric protec-
tion service in New York, New York, Philadelphia, Pennsy]-
vania, and in Boston, Massachusetts. Through one of its
subsidiaries said defendant is engaged also in the manu-
facture of protection devices. Approximately 88% of the
common stock of AFA is owned by defendant Grinnell.
32
III
Co-Conspirators
7. Various other persons, firms and corporations not
made defendants herein have participated as co-conspira-
tors with the defendants in the offense hereinafter charged
and have performed acts and made statements in further-
ance thereof. Said co-conspirators include, but are not lim-
ited to, subsidiaries and affiliates of the defendants.
IV
Definitions
8. Whenever any of the following terms shall be used in
this Complaint it shall be deemed to have the meaning here-
inafter defined:
(1) ‘‘Central station electric protection service’’ or
‘*central station protection’’ means the business
of supplying and installing protection devices on
the premises of subscribers, maintaining such de-
vices, and furnishing to subscribers protection
from fire, burglary or other hazards, through cen-
tral stations accredited for such service by insur-
ance inspection and rating organizations;
[fol. 29] (2) ‘‘Central station’’ means an installation
equipped with signal receiving devices connected
by private telephone wires with protection devices
installed on the premises of subscribers of central
station electric protection service, and staffed by
trained operators and guards at all times;
(3) ‘‘Protection devices’? means detecting devices,
coding devices, signal receiving devices, and special
equipment and materials used in furnishing central
station electric protection service.
V
Trade And Commerce Involved
9. Ever increasing numbers of industrial plants, ware-
houses, retail stores, offices, and other commercial estab-
lishments have been subscribing to central station electric
protection service, since the inceptiou of such service in the
latter part of the 19th Century. Such service has been rec-
ognized as a superior means of minimizing losses by fire,
burglary, malfunction of machinery, negligence of person-
nel, and other hazards. Subscribers to such service whose
protection systems have been installed according to ap-
proved standards receive from insurers substantial dis-
counts on hazard insurance premiums.
10. When a prospective subscriber requests central sta-
tion protection service the central station protection com-
pany surveys the premises to be protected and determines
the number of protection devices required to install the
protection system. The cost of the equipment installed and
the cost of labor to install the equipment plus overhead
expenses is called the installation charge. The installation
charge is usually paid by the subscriber when the instal-
[fol. 30] lation is completed. Title to the equipment in-
stalled in the subscriber’s premises is retained by the central
station protection company. The subscriber is then charged
an annual service charge, payable periodically in advance,
which is determined by the number of protection devices in
service, line rental costs, and anticipated service and main-
tenance requirements. The central station protection com-
panies usually obtain contracts for protection service for
periods of several years and if the contract is not renewed
the central station protection company removes all of the
protection devices installed in the subscriber’s premises.
11. Central Station electric protection service can be
rendered economically only if a substantial number of sub-
scribers or potential subscribers are located in the vicinity
of a central station. Extension of such service to sub-
scribers located outside a certain radius is not practicable.
Virtually all central stations are located in cities with more
than 125,000 inhabitants.
12. Thirty-three central station protection companies
34
were operating in the United States in 1959, which supplied
central station protection service to over 94,000 subscribers
in 119 cities throughout the United States. Over $6,000,000
worth of protection devices were used by the central station
protection companies for installment of alarm systems in
the premises of property owners in 1958, and the income
derived from central station protection service in theUnited
States in 1958 was in excess of $60,000,000.
13. Defendant ADT is by far the largest central station
protection company in the United States and the only cen-
tral station protection company operating throughout the
United States. ADT operates 119 central stations in 114
cities (5 central stations in Chicago and 2 central stations
in Cleveland) in 35 states and the District of Columbia. In
{fol. 31] the entire United States ADT does more central
station protection business than all of its competitors com-
bined. In 1958 ADT had 60,142 subscribers to central sta-
tion protection service or about 64% of all subscribers in
the United States, and it received $42,890,911 in annual
service charges or about 72%of the earned revenues from
central station protection service in the United States. In
88 cities in which it operates contral stations ADT has no
competition from other central station protection com-
panies.
14. Defendant Holmes is the second largest central sta-
tion protection company in the United States and operates
11 central stations in the New York City area, 2 central
stations in Philadelphia, Pennsylvania and 1 central station
in Pittsburgh, Pennsylvania. In 1958 Holmes had 14,218
subscribers to central station protection service, or about
15% of all subscribers in the United States. It received
$7,521,411 in annual service charges, or about 12% of the
earned revenues from central station protection service
in the United States.
15. Defendant AFA is the third largest central station
protection company in the United States, and operates
central stations in New York City, Boston, Massachusetts,
and Philadelphia, Pennsylvania. In 1958 AFA had 5,167
subscribers to central station protection service or about
5% of all subscribers in the United States, and it received
$3,324,662 in annual service charges or about 5% of the
/
oa | eee. ee ee ee eer ee ee
35
earned revenues from central station protection service in
the United States.
16. Defendant Grinnell controls the defendants ADT,
Holmes and AFA through stock ownership and interlocking
directorates. Grinnell thus controlled 136 central stations
out of a total of about 170 central stations existing in the
United States in 1959. The Grinnell controlled companies,
in 1959, together had about 79,500 subscribers to central
station protection service or about 85% of the subscribers
{fol. 32] in the United States, and they received in combined
annual service charges about $53,730,000 or about 90% of
the total earned yearly revenues from central station pro-
tection service in the United States.
17. Those central stations in the United States which are
not controlled or operated by defendants are owned and
operated by about 30 firms, only two of which own and op-
erate more than one central station each.
18. Defendant Grinnell has approximately 42 automatic
sprinkler system contracting offices in various parts of the
United States. In negotiating for sales of automatic sprink-
ler systems, Grinnell’s agents solicit also contracts for
central station protection service by ADT. Grinnell and
AFA supply certain protection devices used in such service,
and they receive from ADT certain percentages ofthe reve-
nues therefrom. Grinnell pays to its agents commissions
on central station protection service contracts secured for
ADT.
19. Since 1925, defendant ADT has acquired the capital
stock or the assets of twenty-two central station protection
companies in the United States.
20. Beginning in or about the year 1906, the defendants
or their predecessor corporations have entered into various
agreements defining areas of the United States in which
they would engage in central station protection service;
limiting the types of central station protection service which
they would supply in certain areas; and providing for
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