American Radio Systems Corp_ The Lincoln Group and Great Lakes Wireless Talking Machine LLC Final Judgment by backgroundnow

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									2009-11-27

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA and STATE OF NEW YORK, by and through its Attorney General, Dennis C. Vacco Plaintiffs, v. AMERICAN RADIO SYSTEMS CORPORATION, THE LINCOLN GROUP, L. P. and GREAT LAKES WIRELESS TALKING MACHINE LLC, Defendants.

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No. FINAL JUDGMENT

WHEREAS, plaintiffs, the United States of America (hereinafter "United States") and the State of New York (hereinafter "New York"), having filed their Complaint herein on October 24, 1996, and defendants, by their respective attorneys, having consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein; AND WHEREAS, defendants have agreed to be bound by the provisions of this Final Judgment pending its approval by the Court; AND WHEREAS, the purpose of this Final Judgment is prompt and certain divestiture of certain assets to assure that competition is not substantially lessened;
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AND WHEREAS, plaintiffs require defendants to make certain divestitures and contract terminations for the purpose of remedying the loss of competition alleged in the Complaint; AND WHEREAS, defendants have represented to plaintiffs that the divestitures and contract terminations ordered herein can and will be made and that defendants will later raise no claims of hardship or difficulty as grounds for asking the Court to modify any of the divestiture or termination provisions contained below; NOW, THEREFORE, before the taking of any testimony, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, AND DECREED as follows: I. JURISDICTION This Court has jurisdiction over each of the parties hereto and over the subject matter of this action. The Complaint states

a claim upon which relief may be granted against defendants ARS and Lincoln, as hereinafter defined, under Section 7 of the Clayton Act, as amended (15 U.S.C. § 18), and against defendants ARS and Great Lakes, as hereinafter defined, under Section 1 of the Sherman Act, as amended (15 U.S.C. § 1). II. DEFINITIONS As used in this Final Judgment: A. "ARS" means defendant American Radio Systems

Corporation, a Delaware corporation with its headquarters in Boston, Massachusetts, and includes its successors and assigns,

SOURCED: WWW.BACKGROUNDNOW.COM Page 2 of 21 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

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its subsidiaries, and directors, officers, managers, agents and employees acting for or on behalf of ARS. B. "Lincoln" means defendant The Lincoln Group, L.P., a

New York limited partnership with its headquarters in Syracuse, New York, and includes its succes
								
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