U.S. Department
of Justice
Indictment
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| UNITED STATES DISTRICT COURT
INDICTMENT COUNT ONE 15 U.S.C. § 1 The Grand Jury charges: I. DESCRIPTION OF THE OFFENSE1. James D. Kuhn and Eldon Flyn Simmons are hereby indicted and made defendants on the charge stated below. 2. Beginning at least as early as January 1998, and continuing thereafter until at least May 1998, the exact dates being unknown to the Grand Jury, the defendants and coconspirators entered into a combination and conspiracy to suppress and restrain competition by agreeing to raise and maintain prices for automotive replacement glass sold by the defendants and coconspirators from places of business located in the central North Texas area, in unreasonable restraint of interstate trade and commerce, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). II. DEFENDANTS AND COCONSPIRATORS3. During the period covered by this Count, James D. Kuhn was an owner, officer and director of Windshield Sales and Services, Inc., d/b/a Auto Glass Center, and a supervisor for Auto Glass Center's operations in the Dallas, Texas area, which was engaged in the business of selling and installing automotive replacement glass in the central North Texas area. 4. During the period covered by this Count, Eldon Flyn Simmons was an owner, officer and director of Windshield Sales and Services, Inc., d/b/a Auto Glass Center, which was engaged in the business of selling and installing automotive replacement glass in the central North Texas area. 5. Various corporations and individuals, not made defendants in this Count, participated as coconspirators in the offense charged and performed acts and made statements in furtherance thereof. III.THE CONSPIRACY 6. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendants and cocon-spirators, the substantial terms of which were to raise and maintain prices for auto-motive replacement glass sold by retail glass stores in the central North Texas area. 7. For the purpose of forming and carrying out the charged combination and conspiracy, the defendants and coconspirators did those things that they combined and conspired to do, including, among other things:
INTERSTATE TRADE AND COMMERCE 8. During the period covered by this Count, coconspirator corporations purchased substantial quantities of automotive replacement glass which had been produced in states other than Texas and transported to Texas in a continuous and uninterrupted flow of interstate commerce. Coconspirator corporations resold this automotive replacement glass to retail customers for the replacement of windshields, side glasses, back glasses and other types of automotive glass in pick-up trucks, passenger vehicles, and other vehicles. 9. During the period covered by this Count, the business activities of the coconspirator corporations that are the subject of this Count were within the flow of, and substantially affected, interstate trade and commerce. V. JURISDICTION AND VENUE10. The combination and conspiracy charged in this Count was formed and carried out, in part, within the Northern District of Texas within the five years preceding the filing of this Indictment. ALL IN VIOLATION OF TITLE 15 U.S.C. § 1. COUNT TWO15 U.S.C. §1 The Grand Jury charges: VI.DESCRIPTION OF THE OFFENSE 11. James D. Kuhn and Eldon Flyn Simmons are hereby indicted and made defendants on the charge stated below. 12. Beginning at least as early as March 1998, and continuing thereafter until at least May 1998, the exact dates being unknown to the Grand Jury, the defendants and coconspirators entered into a combination and conspiracy to suppress and restrain competition by agreeing to raise and maintain prices for automotive replacement glass sold by the defendants and coconspirators from places of business located in Lubbock, Texas, in unreasonable restraint of interstate trade and commerce, in violation of Section 1 of the Sherman Act (15 U.S.C. §1). VII.DEFENDANTS AND COCONSPIRATORS 13. During the period covered by this Count, James D. Kuhn was an owner, officer and director of Windshield Sales and Services, Inc. d/b/a Auto Glass Center, and a supervisor for Auto Glass Center operations, including Avenue H Auto Glass Co. of Lubbock, Texas, which was engaged in the business of selling and installing auto-motive replacement glass in the Lubbock, Texas area. 14. During the period covered by this Count, Eldon Flyn Simmons was an owner, officer and director of Windshield Sales and Services, Inc. d/b/a Auto Glass Center, including Avenue H Auto Glass Co. of Lubbock, Texas, which was engaged in the business of selling and installing automotive replacement glass in the Lubbock, Texas area. 15. Various corporations and individuals, not made defendants in this Count, participated as coconspirators in the offense charged, and performed acts and made statements in furtherance thereof. VIII.THE CONSPIRACY 16. The charged combination and conspiracy consisted of a continuing agreement, understanding and concert of action among the defendants and cocon- spirators, the substantial terms of which were to raise and maintain prices for automotive replacement glass sold by retail glass stores in Lubbock, Texas. 17. For the purpose of forming and carrying out the charged combination and conspiracy, the defendants and coconspirators did those things that they combined and conspired to do, including, among other things:
INTERSTATE TRADE AND COMMERCE 18. During the period covered by this Count, coconspirator corporations purchased substantial quantities of automotive replacement glass which had been produced in states other than Texas and transported to Texas in a continuous and uninterrupted flow of interstate commerce. Coconspirator corporations resold this automotive replacement glass to retail customers for the replacement of windshields, side glasses, back glasses and other types of automotive glass in pick-up trucks, passenger vehicles, and other vehicles. 19. During the period covered by this Count, the business activities of the coconspirator corporations that are the subject of this Count were within the flow of, and substantially affected, interstate trade and commerce. X. JURISDICTION AND VENUE20. The combination and conspiracy charged in this Count was formed and carried out, in part, within the Northern District of Texas within the five years preceding the filing of this Indictment. ALL IN VIOLATION OF TITLE 15 U.S.C. § 1. DATED this ________ day of ____________________, 2001.
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