foot of a decree entered in a Government suit. 15 U.S.C.A. § 16. * * *' 10 F.R.D. at page 77.
In the instant matter it is also reasonably to be expected that the collation of all the relevant evidence of conditions in the lamp industry by the Attorney General, will be conducive to a more intelligent framing of a decree than can be accomplished by piecemeal intervention of a multitude of individual complainants.
The applicants for intervention have cited a number of cases which they claim lend authority under which their petitions should be granted. Although we are not unmindful of the fact that under certain circumstances intervention in a Government suit under the anti-trust laws has been permitted, none of the cited cases are apposite to the case at bar, and most are readily distinguishable. Judge Rifkind, in the Bendix case, supra, distinguished several of these cases and noted that in those cases 'the policy behind the bifurcated structure of the anti-trust laws is not disserved since it is essentially the initiative of the Government which guides the suits.' Thus in Missouri-Kansas Pipe Line Co. v. U.S., 312 U.S. 502, 61 S. Ct. 666, 85 L. Ed. 975, the decree fashioned with the aid of the Government provided for intervention, and in U.S. v. Vehicular Park, Ltd., D.C., 7 F.R.D. 336, the Government invited intervention as a means of amending an inadequate decree. In Allen Calculators Co. v. National Cash Register Co., 322 U.S. 137, 141, 64 S. Ct. 905, 88 L. Ed. 1188, Mr. Justice Roberts, in a dictum suggested the propriety of intervention as contemplated by the statute but the pronouncement therein is barren of circumstances which would make it influential on the question at bar. See also Judge Rifkind's comment on this dictum in the Bendix case, supra, 10 F.R.D. at page 76.
In both U.S. v. Terminal Railroad Ass'n of St. Louis, 236 U.S. 194, 35 S. Ct. 408, 59 L. Ed. 535 and California Co-op Canneries v. United States, 55 App.D.C. 36, 299 F. 908, the judgment and decree entered, respectively, operated prejudicially to otherwise legally enforceable rights of the intervenors. The basis upon which intervention was permitted in U.S. v. Swift & Co., 286 U.S. 106, 52 S. Ct. 460, 76 L. Ed. 999 and U.S. v. Pullman Co. et al., D.C., 64 F.Supp. 108, the other two cases cited by the petitioners, is not discussed in the opinions of the court, although it is clear from the factual recitals that the interventions permitted were for limited purposes which did not involve the framing of a decree as in the instant case.
The petitioners in conjunction with their applications to intervene have requested that this court grant certain ad interim relief in order that they may carry on their business effectively during the further course of this proceeding. They allege that the very purpose of this suit may be vitiated unless this relief be granted. The Government has indicated that it proposes under certain conditions to ask for some form of ad interim relief. In any event at this stage of the case, and, in view of a denial of leave to intervene, whether to request such relief and suggestions as to the form it should take are strictly in the hands of the Government.
Petitioners have further requested, pursuant to Rule 43(e) of the Federal Rules of Civil Procedure, that they be granted leave to take testimony and present evidence to support their motion for intervention. Aside from the fact that Rule 43(c) appears limited in its application to 'parties', such testimony and evidence could only bring out fact situations, in support of, or in addition to, those allegations set forth in the petition and orally presented to the court. However, no amount of testimony and evidence concerning the factual situation could change the legal position of petitioners. They have had their opportunity to set forth their legal reasons and they are inadequate. To grant this request, would be to permit the introduction before the court of evidence bearing on the decree, a procedure available to petitioners only if this court should have permitted intervention.
In view of our prior comments on the Government's handling of this case, sound discretion commands that at this stage of the proceedings, leave to appear as amicus curiae should also be denied.
Information received from Government's counsel and from counsel for General Electric Company indicates that the parties will be ready for further proceedings herein on December 12, 1950.
Hence, it is ordered that each application filed herein to intervene as a party or as amicus curiae, for ad interim relief, and to take testimony and present evidence in support of intervention or ad interim relief, be, and the same is hereby denied and
It is further ordered that the adjourned hearing for the purpose of taking testimony in support of the decree proposed by the Government and such other matters as may be properly brought before the court in connection therewith shall be convened on Tuesday, December 12, 1950, at 10:30 a.m.
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