HomeMy WebLinkAboutResolution - 062267F - Settlement- National Distillers & Chemical Co- Brass Mill Product Antitrust Suit - 06_22_1967Y ' 1
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WHEREAS, the City of Lubbock, as a purchaser of copper
ater pipe, is one of the plaintiffs in anti-trust litigation against
rass mill products suppliers, and
WHEREAS, a settlement has been reached with one of the
,endants., National Distillers and Chemical Corporation, whereby
s defendant has made an offers to be paid into a trust fund supervised
the Court, and in return the plaintiffs agree to the dismissal of this
.endant from this suit; NOW THEREFORE:
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, hereby approves the
:ttlement reached in the brass mill products antie-trust suit as to the
&endant National Distillers and Chemical Corporation and the Mayor
hereby authorized to execute the "Covenant not to Sue" to be filled with
e Court in such case, a copy of which is attached to and made a part
:reof,,
sed by the City Council
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A'TTEST•
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L-avehtd Lowe, City S,
,le ,
etaryooTreasurer
0, Senter, Jr, ,'City
EXHIBIT I
COVENANT NOT TO SUE
KNOW ALL MEN BY THESE PRESENTS:
That THE CITY OF LUBBOCK, TEXAS
(hereinafter referred to*as "Customer"), for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable considera-
tion paid to it by the NATIONAL DISTILLERS AND CHEMICAL CORPORATION
(hereinafter referred to as "National"), the receipt.of which is hereby
acknowledged, hereby covenants, for itself and its successors and
assigns, that it will forever refrain from instituting, prosecuting,
maintaining, pressing or proceeding against National or any of its.
agents, servants, officers, employees, subsidiaries,.successors or
assigns, upon any claims or causes of action of any nature whatsoever,
whether or not now or hereinafter known, suspected or claimed, which
Customer ever had, now has.or hereafter can, shill or may have or
allege against National or any of its agents, s`-vants, officers,
employees, subsidiaries, successors or assigns based upon allegations
of fraud, collusion, conspiracy or false claims which might be asserted
under the Clayton Act or any other federal or state antitrust law
with respect to or in connection with any purchase from any person
made or contracted for by Customer at any time prior to this date of
any brass mill tube and pipe made or sold by National, including such
brass mill tube and pipe which is included in any other product.
And Customer hereby covenants and agrees that it will forever
refrain from instituting, permitting, maintaining, pressing or pro-
ceeding against any other person, firm or corporation upon any claims
or causes of action of any nature whatsoever, whether or not now or
hereafter known, suspected or claimed, which it ever had, now has or
hereafter can, shall or may have or allege'based upon allegations of
fraud, collusion, conspiracy or false claims which might be asserted
under the Clayton Act or any other federal or state antitrust law
with respect to or in connection with any purchase from any person
made or contracted for by it at any time prior to this date of any
of the aforesaid products made or sold by National.
This instrument shall not be construed as a release. The
Customer reserves the right to proceed against or sue any person,
firm or corporation except to the extent hereinabove expressly set
forth.
IN WITNESS WHEREOF, intending to be legally bound, the Customer
has-causedthis covenant to be executed this day of 1967.
Attest:'��
Lavenia Lowe, . Cit_ secretary- Treasurer
W. _D. R OGERS,
for
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