Stipulation

Date: 
Saturday, July 31, 1999
Document Type: 
Modification/Termination Papers
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In The United States District Court
For The Northern District of Georgia
Atlanta Division



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

NATIONAL LINEN SERVICE
CORPORATION,

                  Defendant.


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Civil Action No. 5171

STIPULATION

It is stipulated by and between the undersigned parties by their respective attorneys that:

1. Defendant, National Service Industries, Inc. ("NSI"), the successor corporation to National Linen Services Corporation, will publish at its expense a notice, in the form attached as Attachment 1, in (a) two consecutive issues of Textile Rental and (b) two consecutive issues of Industrial Launderer; and an Order, in the form attached as Attachment 2, directing such publication, may be filed and entered by the Court forthwith without further notice to any party or any other proceedings.

2. The United States will publish in the Federal Register a notice announcing NSI's motion and the Department's tentative consent to it, summarizing the Complaint and Judgment, describing the proceedures for inspection and obtaining copies of relevant papers, and inviting the submission of comments.

3. An Order in the form attached hereto as Attachment 3 terminating the Judgment entered in this cause of action on June 28, 1956, as amended, may be filed and entered by the Court, upon the request of any party or by the Court sua sponte, at any time more than 70 days after the last publication of the notices required by Paragraphs 1 and 2 of this stipulation and without further notice to any party or any other proceedings, provided that Plaintiff has not withdrawn its tentative consent, which it may do at any time before the entry of an Order terminating the Consent Decree by filing notice of Withdrawal of its Consent with the Court and serving a copy of said notice upon the other party.

4. In the event plaintiff withdraws its consent, or if the proposed Order terminating the decree is not entered pursuant to this stipulation, then this stipulation shall be of no effect whatsoever, the making of this stipulation shall be without prejudice to any party in this or any other proceeding, and the stipulation shall not thereafter be used in this or any other action or for any other purpose.

DATED: July 31, 1998

FOR THE PLAINTIFF
UNITED STATES OF AMERICA

_______________/s/________________
Joel I. Klein
Assistant Attorney General
Antitrust Division

_______________/s/________________
A. Douglas Melamed
Principal Deputy Asst. Attorney General
Antitrust Division

_______________/s/________________
Rebecca P. Dick
Director, Civil Non-Merger Enforcement
Antitrust Division

_______________/s/________________
Mary Jean Moltenbrey
Chief, Civil Task Force
Antitrust Division

_______________/s/________________
Susan L. Edelheit
Assistant Chief, Civil Task Force
Antitrust Division

_______________/s/________________
Theodore R. Bolema
Attorney
Antitrust Division
U.S. Department of Justice
Liberty Place Building, Suite 300
325 7th Street, N.W.
Washington, D.C. 20530
Telephone: (202) 616-5945

FOR THE DEFENDANT
NATIONAL SERVICE INDUSTRIES, INC.

_______________/s/________________
Victor S. Friedman
FRIED, FRANK, HARRIS, SHRIVER & JACOBSON
One New York Plaza
New York, NY 10004-1980
Telephone: (212) 859-8050

Counsel for National Service Industries, Inc.


ATTACHMENT 1

In The United States District Court
For The Northern District of Georgia
Atlanta Division



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

NATIONAL LINEN SERVICE
CORPORATION,

                  Defendant.


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Civil Action No. 5171

NOTICE OF PROPOSED TERMINATION OF THE CONSENT DECREE
ENTERED AGAINST NATIONAL LINEN SERVICE ON JUNE 28, 1956

PLEASE TAKE NOTICE that National Service Industries, Inc. ("NSI"), the successor corporation to National Linen Service Corporation, the named defendant in the Consent Decree entered by the Court in the above-captioned matter on June 28, 1956, has asked this Court to enter a judgment terminating the Consent Decree.

The United States has filed with the Court a memorandum setting forth the reasons why it believes that termination of the Consent Decree would serve the public interest. Copies of NSI's motion to terminate, the stipulation containing the United States' tentative consent, the United States' memorandum, and all further papers filed with the court in connection with this motion will be available for inspection at the Legal Procedure Unit of the Antitrust Division, Room 215 North, Liberty Place Building, Washington, D.C. 20530, and at the Office of the Clerk of the United States District Court for the Northern District of Georgia, Atlanta Division, 2211 Richard Russell Building, 75 Spring Street, S.W., Atlanta, GA 30303-3361. Copies of any of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations.

Interested persons may submit comments regarding the proposed termination of the Consent Decree to the United States. Such comments must be received by the Antitrust Division within sixty (60) days and will be filed with the Court by the United States. Comment should be addressed to Mary Jean Moltenbrey, Chief, Civil Task Force, Antitrust Division, Department of Justice, 325 7th Street, NW, Suite 300, Washington, D.C. 20530.


ATTACHMENT 2

In The United States District Court
For The Northern District of Georgia
Atlanta Division



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

NATIONAL LINEN SERVICE
CORPORATION,

                  Defendant.


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Civil Action No. 5171

ORDER ESTABLISHING NOTICE AND PUBLIC COMMENT
PROCEDURES FOR MOTION TO TERMINATE CONSENT DECREE

Defendant, National Service Industries, Inc. ("NSI"), the successor corporation to National Linen Services Corporation, having moved for an order terminating the Consent Decree entered by this court in 1956 in this case, and Plaintiff, the United States of America, having tentatively consented to said motion, and Plaintiff having proposed, and Defendant having agreed, that notice of the motion and of Plaintiff's tentative consent be published at the expense of Defendant, and that all interested persons be given an opportunity to submit comments concerning the proposed termination of the Consent Decree, and in appearing to the Court desirable to invite such comments, and in consideration of the stipulation of the parties dated _________________, 199__, it is:

ORDERED, that the Defendant, NSI, publish at its own expense a notice in the form attached hereto as Exhibit "A" in two consecutive issues of Textile Rental and Industrial Launderer and file proof of such publication with the Court; and it is:

FURTHER ORDERED, that copies of all comments received by Plaintiff within sixty (60) days after the last publication of a notices required by this Order shall be filed with this Court by Plaintiff promptly after it receives such comments; and it is:

FURTHER ORDERED, that this Court will not rule upon the motion of NSI until at least the seventieth (70th) day after the last publication of the notice of required by this Order.

DONE, this _________ day of ___________, 199_.

_______________________________
United States District Judge

ATTACHMENT 3

In The United States District Court
For The Northern District of Georgia
Atlanta Division



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

NATIONAL LINEN SERVICE
CORPORATION,

                  Defendant.


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Civil Action No. 5171

JUDGMENT TERMINATING CONSENT DECREE

This cause having come on to be heard on the motion of National Service Industries, Inc. ("NSI"), the successor corporation to National Linen Service Corporation, for termination of the Judgment entered in this case on June 28, 1956, and the United States of America having represented to the Court that it has no objection to the motion and notice of the motion having been published in the Federal Register, Textile Rental and Industrial Launderer and all interested parties having been given an opportunity to submit comments concerning the proposed termination of the Consent Decree and the Court having considered all papers and comments filed in connection with this motion and the Court finding that it is in the public interest to terminate the Consent Decree, it is,

ORDERED, ADJUDGED AND DECREED:

That said judgment is hereby terminated.

Dated: _____________________

_______________________________
United States District Judge

Attachments: 
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