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ORDINANCE NO. /605.
AN ORDINANCE authorizing execution of settlement agreements
with all remaining Defendants in the electrical anti-
trust litigation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES that Joseph L. Alioto, the Special Counsel engaged by the 1
City and /or George K. Faler, Special Assistant Attorney General,
be, and are hereby, authorized and empowered to do the following:
1. To sign and execute a letter agreement dated No- 1
"vember 8, 1966 from Bronson, Bronson & McKinnon, attorneys for
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'Ohio Brass Company and Lapp Insulator Company, as attorney for the a
City and the other party plaintiffs in the State of Washington
cases, and to execute Covenants Not To Sue and dismissals with
qprejudice in connection with said settlements; and further to re-
ceive the sum of $25,148.00 from Ohio Brass Company, and the sum i
jof $22,500.00 from Lapp Insulator Company on behalf of all his
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clients collectively, such sums to be apportioned by Mr. Alioto to 1
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his clients on the basis that purchases by the City bear to pur- 1
chases by all his clients, and that said companies shall not be re -1
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quired to inquire into no be responsible for the allocation of
said sums amongst Mr. Alioto's clients.
2. To sign, execute and deliver a Covenant Not To
Sue from Joslyn Mfg. and Supply Co. and The Porcelain. Insulator
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'Company and to move for a dismissal with prejudice of all claims
'against said companies pending in the Courts described in the Cove -1
`rant Not To Sue and the Federal District Courts where the actions
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'have been transferred, and to receive the sum of $28,662.00 on be-
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half of all his clients collectively, such sum to be apportioned
by Mr. Alioto to his clients on the basis that purchases by the
City bear to purchases by all his clients from these companies, and
that said companies shall not be required to inquire into nor be
responsible for the distribution of said sums amongst Mr. Alioto's
clients.
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3. To sign, execute and deliver a settlement agree-
. ment with Southern States, Inc., which prior to a change of name
was known as Southern States Equipment Corporation, dated April 7,
1966, and to sign, execute and deliver the Covenant: Not To Sue
attached to the letter agreement of April 7, 1966, and to sign,
execute and deliver Stipulations for Dismissals with prejudice of
,all claims against said company, and to receive a promissory note
maturing April 7, 1967, payable to the order of Joseph L. Alioto,
Trustee, in the sum of $21,300.00 on behalf of all his clients
collectively, such sum to be apportioned by Mr. Alioto to his
clients on the basis that purchases by the City bear to total pur-
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chases by all his clients, and that Southern States, Inc. shall
not be required to inquire into nor be responsible for the distri- 1
bution of said sum amongst Mr. Alioto's clients.
4. To sign, execute and deliver settlement agree -
i,ments, and Covenants Not To Sue and Dismissals with prejudice
against the following corporations which were joined in the com-
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plaint filed by the City, but which have been dismissed because the
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(City did not have any purchases in suit against said companies;
this specifically includes Defendants: Cutler- Hammer, Inc.;
(Square D Company; Hubbard and Company; Moloney Electric Company;
Ohio Brass Company; Lapp Insulator Company, Inc.; A. B. Chance
ICompany; H. K. Porter Company, Inc.; Southern States, Inc. and
.Allen- Bradley Company. It is the intent of the City in passing
this ordinance to specifically authorize counsel to enter into
settlement agreements and to dismiss with prejudice all of the
companies that were joined as Defendants in the electrical anti-
trust cases which were originally filed in the United States Dis-
trict Court for the Western District of Washington, and assigned
'civil action No. 5375 through 5380, inclusive, and civil action No.
5402 through 5413, inclusive, and civil action No. 5850.
BE IT FURTHER ORDAINED that execution and delivery of the
agreements and Covenants Not To Sue by Joseph L. Alioto and /or
;George K. Faler and any other action pursuant to the authority of
this ordinance and prior to the effective date hereof is hereby
approved, ratified and confirmed.
PASSED by the City Council and approved by its Mayor at a
regular meeting of the Council held on the 16th day of March, 1967.
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II Attest:
City Clerk
Approved as to form:
/74,
/ / City At !e
PUBLISHED: /'/ ?Qj c'7 /4. 7
Mayor