United States v. Diebold

This is a civil antitrust suit by the Government challenging Diebold's acquisition of the assets of the Herring-Hall-Marvin Safe Company as being violative of § 7 of the Clayton Act. On motion of Diebold the District Court entered summary judgment against the Government on the ground that the acquired firm was a ""failing company"" under the doctrine of International Shoe Co. v. Federal Trade Comm'n, 280 U.S. 291 (1930). The case is here on direct appeal. 368 U.S. 894.