Evening star., 1943-05-25
u. ). Asks Summary
Ruling Against A. P.
Without Hearing
D. 6. Times-HeroId and
Chicago Sun Join in
Monopoly PIeo
Continued From First Page )

NVHOPViy TIeu
Continued From First Page)
the news which it is required to sup.
ply to the A. P.
Enjoin the A. p OR it's agents and
employees from carrying out bylaws
thus adjudged to be illegal.
Nullify the acquisition by the A. p
of the stock of Wide World Photos
Inc, and require the A. P. to divest
itself of all interest in Wide World
Photos.
Cancel the existing agreement
between the A. p and the Can
adian Press, and enjoin the A. p
from entering into any agreement
with the Canadian Press or any
other press association under which
the A. P. would agree not to de-
liver its news reports to any other
association. newspaper or individual
in any particular territory, area OF
region"
Enjoin the A. P. from entering
any agreement under which it
would obtain the exclusive right
to receive the news report Of any
association, newspaper or individ-
ual.
The three judge court receiving
the Government motion was estab-
lished at the request Of Attorney
General Biddle for the earliest
practical handling of the case as
a matter of general public i'm
portance."
Full Coverage Admitted.
In its motion, the Government
repeated many of the allegations
made in the complaint, particularly
it's assertion of the pre-eminence OF
the Associated Press.
Neither United Press Associa
tions or International News Serv-
ice" the Government said, supplies
to newspapers of the United States
a news-reporting service of domes-
speed, scope and thoroughness OF
coverage to that supplied by the
Associated Press to each member
newspaper.
The Associated Press renders a
pre-eminent news picture service
but non members of the association
are barred from receiving it,
Near the conclusion of its %
page motion. the Government said:
The proof now on file with the
court, or filed herewith. also estab-
hshes that during period of over
so years the Associated Press was
party to agreements with foreign
news agencies under which. in plain
contravention of the Federal anti
trust laws, it barred itself from de-
ivering its news to newspapers or
other persons in ma jor areas of the
world. In exchange for agreement
by these foreign agencies to furnish
their news to the Associated Press
exclusively and not to furnish their
news to newspapers or other news
agencies in the United States"
The Government contended that
such a contract still Is in effect
between the A. P. and the Canadian
Press.
The Government argued that as
a result of steps already taken in
the suit, there is no general issue
rs to any material fact" Conse-
cuently, it argued, the court al
ready has before it all information
needed to decide the legal points
involved in the suit.
Government Pleadings.
er1,a couarrr,apf r,,otioy, co il.
The pleadings, admissions tboth
those made in response to plaintiffs S
request for admissions and in the
defendants answers to interroga-
tories. dispositions, and stipulation
Of the parties as to certain facts,
which are now on file with the
court. together with the affidavits
filed in support of this motion, es-
tablish the substantial truth of
every material allegation of fact
contained in the complaint
Most of the material allegations
CT the complaint were admitted by
the answers. The denials contained
in the answers of the defendants
have, by later admissions or proof,
been shown to be without founda-
ton or to be denials of immaterial
characterizations or conclusions of
the pleader. There remains no
genuine issue between the parties
Ss to any material fact"
The rule under which the Gov
ernment acted today says in part
that Judgment shall be rendered
forthwith if the pleadings, deposit
tons on file, together with the aff1-
davlts, show there is no gen.
eral issue as to any material fact
that the moving party is entitled to
judgment as a matter of law"
The request for summary judg-
ment came just four days before the
Government was required to answer
series of admissions of fact asked
by the A. P. on May 49, On that
date the A. P. filed its responses to
"A Government requests for admis-
sions of fact which supplemented
374 similar requests filed January
II by the Justice Department.
Fields Letter Cited.
The A. P. also was served with 1877
interrogations on January 27 and
on April the A. P. served 40 inter-
rogations on the Government.
Among the Governments answers
to the A. P. interrogatories was a
letter dated February S, 1912. ad-
dressed to Attorney General Biddle
from Marshall Field, founder and
owner Of the Chicago Sun, which
began: Il am hereby making a
written statement Of my complaint
against the Associated Press, a
membership corporation organized
and existing under the laws of the
State of New York"