245526 , � � 245526
ORIGINAL TO CITY CLBRK
• CITY OF ST. PAUL couNCi� NO.
� OFFICE OF THE CITY CLERK FILE
C UN RESOLUTION—GENERAL FORM
PRESENTED BY
COMM�SSIONE � DATF
WHEREAS, The City of Saint Paul has instituted an Antitrust
Suit against the fabricators of structural steel, alleging a con-
spiracy to fix prices, entitled "City of Saint Paul , et al . , v.
U. S. Steel , et al , " and
WHEREAS, The Metropolitan Airports Commission, Independent
School District No. 625 and Housing and Redevelopment Authority of
the City of Saint Paul are also named plaintiffs in the action
against the structural steel fabricators, and
WHEREAS, The defendants have offered to colmpromise these actions
by payment to the City of Saint Paul , Metropoliltan Airports Commis-
sion, Independent School District No. 625 and S1t. Paul Housing and
Redevelopment Authority the total amount of �30I0,000.00 plus
attorneys ' fees in lieu of the 25% contingent �ee; now, therefore,
be it
RESOLVED, That the City of Saint Paul hereby accepts the terms
of defendants ' offer for settlement and approves the settlement
Agreement and the conditions contained therein in substantially the
form attached; and, be it
FURTHER RESOLVED, That the Corporation Counsel , by Kenneth J.
Fitzpatrick, Assistant Corporation Counsel , is hereby authorized and
directed to execute the settlement Agreement on behalf of the City
of Saint Paul and is authorized to enter into a Stipulation and
Motion for Order of Dismissal with Prejudice of the pending case.
FORM APPROVED
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�1BSL COI'�a�011 COUt�j
SEP 91969
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carlson �ER 91969
�� Approved 19�_
Meredith �In Favor
Peterson '
Sprafka � Mayor
Tedesco A gainst
Mr. Preaident, Byrne
Pu�t.�stt�o SE� 13 19��
0
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.. : � ��s
s,�d,
DUPLICATE ORIGINAL dF
SETTLEMENT AGREEMENT
r
THIS SETTLEMENT AGREEMENT made and entered
into by and between the CITY OF SAINT PAUL, INDEPENDENT SCHOOL DISTRICT N0. 625
OF THE CITY OF ST. PAUL, MINNESOTA, the HOUSING AND REDEVELOPt1ENT AUTHORITY
OF THE CITY OF ST. PAUL, MINNESOTA, and the MINNEAPOLIS-SAINT PAUL METROPOLITAN
AtRPORTS COMMISSION (subsequentty referred to herein collectively as "Third.
Division Plaintiffs") and UPdITED STATES STEEL CORPORATION, PAPER, CALMENSON &
CO. , THE MAXSON COP,PORATION� (formerly St. Paul �Foundry � Manufacturing Co.) ,
ST. PAUL STRUCTURAL STEEL COMPANY, THE CROWN IRON WORKS COMPANY, and THE HUSTAQ
COMPANY (subsequently referred to herein collectively as "Defendants") ;
WITNESSETH:
WHEREAS, Third Division Plaintiffs have
- made direct or indirect. purchases of steel from Defendants ; three of such
plaintiffs have brought ctass actions under the antitrust laws against Defendants
based upon direct or indirect purchases of structural steel in the United States
- District Court for the District of Minnesota, Third Division in �ases entitled:
City of St. Paul v. United States Steel Corporation, et al . , Civil Action �lo.
3-68-34; [ndependent School District No. 625 of the City of St. Paul , Minnesota
v. United States Steel Corporation, et al . , Civil Action No. 3-68-37; Housing and
Redevelopment Authority of the City of St. Paul , Minnesota v. United States
Steel Corporation, et al . , Civil Action No. 3-6$-39; and the Minneapolis-Sai�t
Paul Metropotitan Airports Commission has intervened as a plaintiff in Civil
Action No. 3-68-34; and
. �HEREAS, the parties hereto desire to enter
into a settlement of such actions as hereinafter set forth; and
►
WHEREAS, Defendants have denied and do
.deny the existence of any liability to the Third Division Plaintiffs and enter
into this agreement solely as a compromise and settlement of disputed claims;
NOW THEREFORE, in consideration of the
mutual covenants and agreements hereinafter set forth: .
l . Third Division Plaintiffs by their
duly authorized attorneys or agents will execute and deliver a duplicate original
of this Settlement Agre�ement and such other documents. as may be necessary to
effectuate such agreement to counsel for each of the Defendants. Upon such
� delivery and upon the entry by the United States District Court for the District
of Minnesota of an order in the form contained in Exhibit A hereto, Defendants
will pay the aggregate sum of Three Hundred Thousand Dollars ($300,000.00)
to Third Division Plaintiffs and will pay an attorney's fee to the firm of 0'Connor,
Green, Thomas, Walters � Kelly in the amount agreed upon among Third Division
Plaintiffs , Defendants and said firm in lieu of the twenty-five percent (25�)
contingent fee previously agreed upon between Third Division Plaintiffs and said
firm.
2. All sums paid by Defendants pursuant
� to this Settlement Agreement, including the amount paid to 0'Connor, Green, Thomas,
Walters � Kelly, shall constitute an adjustment in the price paid by Third
Division Plaintiffs, directly or indirectly, for steel .
3. None of the Defendants admits or concedes
that it has engaged in any illegal activity or that any of the Third Division
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� . Plaintiffs has sustained any damage by reason of any of the alleged aCts
complained of or alluded to in the above-described actions. This Settiement
►
.Ayreement is made by the parties hereto without admitting any liability or
fact or conceding any question of law.
- 4. Third Division Plaintiffs covenant
to refrain forever from instituting, prosecuting, maintaining, pressing or
proceeding against United States Steel Corporation, Paper, Calmenson s Co. ,
The Maxson Corporation� (formerly St. Paul Foundry � Manufacturing Co.) , St.
Paul Structural Steel Company, The Crown Iron Works Company, The Hustad Company ,
and each of them and their respective past or present directors, officers ,
employees and agents upon any claims or causes of action of any nature whatsoever ,
whether or not now or hereafter known, suspected or claimed which any of the
Third Division Plaintiffs ever had or now has or may have or assert based upon
alleged violations of the federat or state antitrust, unfair trade practice
or unfair competition laws with respect to or in connection with any direct or
indirect purchase made or contracted for on or before February 10, 1964, by
or on behalf of any of the Third Division Plaintiffs of steel of any kind from
any source or with respect to or in connection with the fabrication or erection
of such steel .
5. Third Division Plaintiffs hereby
release and forever discharge United States Steel Corporation, Paper, Calmenson
b Co. , The Maxson Corporationi (formerly St. Paul Found ry � Manufacturing Co.) ,
St. Paul Structural Steel Company, The Crown Iron Works Company, The Hustad
Company, and each of them and their respective past or present directors,
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. ,,
� , officers , empioyees and agents from any claims or causes of action of any nature
whatsoever, whether or not now or hereafter known, suspected or claimed which
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any of the Third Division Plaintiffs ever had or now has or may have or assert
based upon alleged viotations of the federal or state antitrust, unfair trade
practice or unfair competition laws with respect to or in connection with any
direct or indirect purchase made or contracted for on or before February 10,
tg64, by or on behalf of any of the Third Division Plaintiffs of steel of ar�y kind
from any source or with respect to or in connection with the fabrication or erection
of such steel .
6. The parties hereto agree that although
the above-described actions were originally brought as class actions , each of
the Third Division Plaintiffs is an actual plaintiff or an intervenor-plaintiff
therein, each is a party hereto, and there are no class members in such actions.
7. Each of the Third Division Plaintiffs
agrees, on its own behalf and on behalf of its officials , agents and employees ,
yalvNhar���
that it sf�all not�furnish to anyone not a party hereto any documents or informa-
tion prepared or obtained in the course of, or pertaining to the above-described
actions or related litigation, whether obtained from the Defendants or otherwise;
provided, however, that the provisions of this sentence shall not apply to
documents filed with the Clerk of the United States District Court in said actions
on or before August 14, 1969. Each of said plaintiffs agrees that no further
publicity related to such actions will be released by it or its officials ,
agents, and employees ; provided further, however, that any of such plaintiffs
may, at its option , disclose the amount of the above-mentioned aggregate sum
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of Three Hundred Thousand Dollars ($300,000.00) received by it pursuant to this
Settlement Agreement. � '
� . 8. Each of the Third Division Plaintiffs
�shall attach to each duplicate original of this Settlement Agreement a certified
copy of a resolution of its governing body accepting the terms of this agree- ,
ment and authorizing the execution thereof on its behalf by its respective
signatory hereto.
9. This Settlement Agreement and each and '
every term, covenant, condition and the effects• thereof shall be binding upon and
inure to t(�e benefit of any predecessors , assigns or successors in interest of
the repsective parties hereto.
� � IN WITNESS 4JHEREOF each of the parties
hereto has executed this Settlement Agreement in ten duplicate originals thereof
this day of , ig6g. �
CITY OF SAINT PAUL
By
(NDEPENDENT SCHOOL DISTRICT N0. 625
OF THE CITY OF ST. PAUL, MINNESOTA
By
HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF ST. PAUL, MINNESOTA
By
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, MINNEAPOLIS-SAINT PAUL METROPOLITAN
A) RPORTS COt1Ml SS I ON
►
� BY
UNITED STATES STEEL CORPORATION
By
PAPER, CALMENSON s C0. • �
BY
THE MAXS�N CORPORATION
By
ST. PAUL STRUCTURAL STEEL COMPANY
By -
THE CROWN IRON WORKS COMPANY
By
THE NUSTAD COMPANY
By .
0'Connor, Green, Thomas, Walters � Kelly
hereby agrees to accept payment of its attorneys fees in the above-described
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' . actions from the Defendants in lieu of the contingent fee previously agreed upon
by it and the Third Division Plaintiffs. 0'Connor, Green, Thomas , Walters �
� 1�riari��
�
Kelly hereby also agrees that it shall not�furnish to anyone not a party hereto
any documents or information prepared or obtained in the course of, or pertaining
to the above-described actions or related litigation, whether obtained from the
Defendants or otherwise; provided, however, that the provisions of this sentence
shall not apply to documents filed with the Clerk of the United States District
Court in said actions on or before August 14, 196g.
0'CONNOR, GREEN, THOMAS, WALTERS � KELLY
By
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