Case Document

United States' Certificate of Compliance with Notice and Public Comment Procedures and United States' Consent to Termination of the 1959 and the 1961 Final Jugements

Date

Wednesday, July 30, 2008

Document Type

Final Judgments + Proposed Final Judgments

Attachments

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

TRUE TEMPER CORPORATION,

Defendant.

UNITED STATES OF AMERICA,

Plaintiff,

TRUE TEMPER CORPORATION,
WILSON ATHLETIC GOODS MFG. CO.,
INC.; A.G. SPALDING & BROS., INC.;
MACGREGOR SPORT PRODUCTS, INC.
AND HILLERICH & BRADSBY CO.,

Defendants.

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Docket Numbers:

Civ. No. 58-C-1158
Civ. No. 58-C-1159
(consolidated cases)

Honorable David H. Coar

Filed: 07/30/2008

UNITED STATES' CERTIFICATE OF COMPLIANCE WITH NOTICE
AND PUBLIC COMMENT PROCEDURES AND UNITED STATES'
CONSENT TO TERMINATION OF THE 1959 AND THE 1961 FINAL JUDGMENTS

On April 21, 2008, True Temper Sports, Inc. ("True Temper"), successor in interest to defendant True Temper Corporation, moved to terminate the Final Judgments entered in United States v. True Temper Corp.,Civ. No. 58-C-1158 ("1959 Final Judgment") and in United States v. True Temper, et al., Civ. No. 58-C-1159 ("1961 Final Judgment"). On that same date, the United States and True Temper filed a Stipulation mandating notice and public comment procedures. The United States consented to the proposed terminations, reserving the right to withdraw its consent based upon public comments made or other information that came to its attention.

Notice of the proposed terminations were published in the Federal Register on May 13, 2008, at Volume 73, No.93, Page 27,556. Notice of the proposed terminations appeared in consecutive editions of the Wall Street Journal, a business newspaper with a national circulation, on May 21, 2008, on page C8 and on May 22, 2008, on page C7. True Temper published notice of the proposed termination in consecutive issues of Golf World magazine on May 23, 2008 on page 54, and on May 30, 2008 on page 54. The public had 60 days to submit comments, beginning on May 31, 2008, and ending on July 29, 2008. The United States has received no comments about the proposed terminations.

The United States continues to believe the proposed terminations are in the public interest, and, with the completion of the procedures for public notice and comment, now asks this Court to make its public interest determination and enter the attached proposed Order terminating the 1959 and the 1961 Final Judgments.

Dated: July 30, 2008.

Respectfully submitted,

__/s/ Rosemary S. Thompson_____
ROSEMARY S. THOMPSON
Attorney
U.S. Department of Justice
Antitrust Division
209 S. LaSalle St., Suite 600
Chicago, Illinois 60604
Tel: 312/353-7530
Fax: 312/353-1046

CERTIFICATE OF SERVICE

I, Rosemary S. Thompson, an attorney and a member of the Bar of this Court, hereby certify that on this 30^th day of July, 2008, I caused a true and correct copy of NOTICE OF MOTION and THE UNITED STATES' CERTIFICATE OF COMPLIANCE WITH NOTICE AND PUBLIC COMMENT PROCEDURES AND UNITED STATES' CONSENT TO TERMINATION OF THE 1959 AND THE 1961 FINAL JUDGMENTS and PROPOSED ORDER to be served on the following by electronic mail and U.S. mail, postage prepaid:

For True Temper:
Phillip C. Zane
Robert E. Hauberg, Jr.
John G. Calender
Baker, Donelson, Bearman
Cadwell & Berkowitz, PC
Lincoln Square
555 Eleventh Street, NW
6^th Floor
Washington, D.C. 20004

For Wilson Athletic Goods Mfg. Co., Inc.:
Ray Berens, Esq.
Andre Pabarue, Esq.
Amer Sports North America
8750 W. Bryn Mawr Ave.
Chicago, IL 60631

For Russell Corp.
(owner of certain marks once owned by A.G. Spalding & Bros., Inc.):
Clay Humphries, Esq.
Russell Corp.
755 Lee Street
Alexander City, AL 35010

For MacGregor Sport Products, Inc.:
Michael Robbins
COO, MacGregor Golf
MacGregor Sport Products, Inc.
1000 Pecan Grove Dr.
Albany, GA 31710

For Hillerich & Bradsby Co.:
Steven H. Lyverse, Esq.
Hillerich & Bradsby Co., Inc.
800 West Main St.
Louisville, KY 40232-5700

__/s/ Rosemary S. Thompson_____
ROSEMARY S. THOMPSON
Attorney
U.S. Department of Justice
Antitrust Division
209 S. LaSalle St., Suite 600
Chicago, Illinois 60604
Tel: 312/353-7530
Fax: 312/353-1046

Related Case

U.S. v. True Temper Corporation, et al.

Updated April 18, 2023