This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

HANDWRITTEN REVISIONS
BY JUDGE NOTED BELOW.
ADDITIONS AS BOLD,
DELETIONS AS STRIKETHROUGH

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

FLORIDA ROCK INDUSTRIES, INC.;    
HARPER BROS., INC.;
COMMERCIAL TESTING, INC.; and
DANIEL R. HARPER,

                  Defendants.


|
|
|
|
|
|
|
|
|
|
|
|
|
|
|         

Civil No.: 99-516-CIV-J-20A

Filed:

STIPULATION AND ORDER

It is stipulated by and between the undersigned parties, by their respective attorneys, as follows:

1. The Court has jurisdiction over the subject matter of this action and over each of the parties hereto, and venue of this action is proper in the United States District Court for the Middle District of Florida.

2. The parties stipulate that a Final Judgment in the form hereto attached may be filed and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. 16), and without further notice to any party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on defendants and by filing that notice with the Court, on or before September 15, 1999.

3. Defendants shall abide by and comply with the provisions of the proposed Final Judgment pending entry of the Final Judgment or until expiration of time for all appeals of any court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation by the parties, comply with all the terms and provisions of the proposed Final Judgment as though they were in full force and effect as an order of the Court.

4. Defendants shall not consummate the transaction sought to be enjoined by the Complaint herein before the Court has signed the Hold Separate Stipulation and Order.

5. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the parties and submitted to the Court.

6. In the event (a) the United States has withdrawn its consent, as provided in paragraph 2 above, or (b) the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the parties are released from all further obligations under this Stipulation, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

7. Defendants represent that the divestiture ordered in the proposed Final Judgment can and will be made, and that the defendants will later raise no claim of hardship or difficulty as grounds for asking the Court to modify any of the divestiture provisions contained therein.


Dated: May 25, 1999

FOR PLAINTIFF UNITED STATES:

_______________/s/________________
Frederick H. Parmenter
U.S. Department of Justice
Antitrust Division
Litigation II Section
Suite 3000
Washington, D.C.  20530
Telephone: (202) 307-0620
Facsimile: (202) 307-6283

FOR DEFENDANT FLORIDA:
ROCK INDUSTRIES, INC.:

_______________/s/________________
Eugene J. Meigher
Arent Fox
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5339
Telephone: (202) 857-6048
Facsimile: (202) 857-6395

_______________/s/________________
Lewis S. Lee
LeBoeuf, Lamb, Greene & MacRae
50 N. Laura Street
Jacksonville, Florida  32202-3650
Telephone: (904) 630-5322
Facsimile: (904) 353-1673


FOR DEFENDANTS HARPER BROS., INC.,
COMMERCIAL TESTING, INC.
AND DANIEL R. HARPER

_______________/s/________________
Neil Imus
Vinson & Elkins L.L.P.
The Willard Office Building
1455 Pennsylvania Avenue, N.W.
Washington, D.C.  20004-1008
Telephone: (202) 639-6675
Facsimile: (202) 639-6604


O R D E R

APPROVED FOR ENTRY and ORDERED1  this 27th day of May, 1999, at Jacksonville, Florida.


_______________/s/________________
UNITED STATES DISTRICT JUDGE


FOOTNOTES

1 Final Judgement and Proposed Final Judgement mean the same thing.