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236853 . ORIGINAL TO CI�Y CLERK° � 2��(V� ■.1 � CITY OF ST. PAUL FoENCi� N0. " "' FFICE OF THE CITY CLERK . �� CO CIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE s R • E , a . - � � � � RESOLVED, That pursuant to Section 178 of the Charter, the Corporation Counsel is hereby authorized to employ as special counsel Mx. David Berger, of the law firm of Cohen, Shapiro, Berger, Polisher and Cohen, for the purpose of prosecuting antitrust litigation involving a eonspiracy to fix prices in the sale of copper water tubing and piping to the Gity of Saint Paul, such services to be performed at a maximum compensation not to exceed twenty—five per cent (25%) of the moneys recovered, if any, in sueh litigation, after deduet�ing expenses of suit, together with such other terme and conditions as the Corporation Coun.sel may determine. FORM APPROVED � �___.ao_ t ��,.� - Asst. Corporatio� ounsei :^� � ° �� i� �V V$ COUNCILMEN Adopted by the Council 19.— Yeas Nays 'li��(r:' � ," �� Carlson .`'n`' ` ..,.,�,g��._.__ pproved 19� Holland n Favor Meredith ' Peterson U MaYor Tedesco ASainst Mr. President, Byrne � I�tf�Ll$�-� �� . � �22 • ' �� p y TY 8��.�'�.1 � Ana Cod�612 �.w�t �F 9 PAUL J. KELLY �23-b121 ^'�� '�x� THOMAS J.STEARNS JON R. DUCKSTAD • � :�='�`� � AR?HUR M. NELSON '�s' ^c JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY F1rst Assistant CITY OF SAINT PAUL GERA OHH.SWANSONCK DANIEL A.KLAS GORDON C. MOOSBRUGGER Sp�cial Assi:fant LEGAL DEPARTMENT PAUL F. McCLOSKEY,JR. 316 Cif�y Hall� St. Paul, Mineesota 55102 JOSEPN P. 8UMMERS Corvoretton Couns�l January `�9, 1968 To the Honorable Mayor and Members of the Council of the City of Saint Paul Sirs : Pursuant to Section 178 of the Charter, I hereby request authority to retain as special counsel David Berger, Esq. , of the law firm of Cohen, Shapiro, Berger, Polisher and Cohen, in order to prosecute antitrust litigation involving a conspiracy to fix prices in the sale of copper water tubing and piping to the City of Saint Paul, such services to be performed at a maximum compensation not to exceed 25% of the moneys recovered, if any, in such litigation, after deducting expenses of suit. This request is made because the state in which the lawsuit is pending requires appearance of local counsel, and because the nature of the litigation requires expert advice and assistance. Sincerely, � � r/l�y � OSE H P. ERS Corporation Counsel mlp � s ; M . � , CITY OF SAINT PAUL ,�� f DEPARTMENT OF PUBLIC UTILITIES �'�.� 216 City Hall and Court House 55102 PHONE: 223-4747 BERNARD T. HOLLAND Commissioner of Public Utilities and Preaident,Board of Water Commissionere WILLIAM W. ROONEY Depnty Commiseioner January 29, 1968 To Mayor Thamas Byrne and Members of the City Council There is now pendir�g in Federal Court for the Eastern District of Pennsylvania a lawsuit accusing the nation's largest producers of copper water tubing and piping of conspiring to fix prices. This material is used in our Water Department. The conspiracy is alleged to have existed fram 1956 to 1962. In my jud gnent, the City should intervene in this litigation, since we purchased $i50,000 worth of copper tubing and piping during the period in question and were presumably victimized by any conspiracy which existed. We are entitled to recover three times our actual damag es, which means a possibility of recovering as much as $30,000 f or the City at the conclusion of litigation. In view of the fact Pennsylvania requires local counsel in all litigation in that state, it is necessary that we retain a Pennsylvania lawyer to work with the Corporation Counsel on the matter. Mr. David Berger of Philadelphia, a specialist in Plaintiff's antitrust work, will represent Saint Paul for a fee of 25% of the moneys recovered, plus expenses, and the Corporation Counsel advises me that since Mr. Berger represents numerous other municipalities, our share of expenses should be extremely low. This suit is part of our program to protect the taxpayers in insuring that bidding is f air andequitable, and that they get the most for their money. Unless the City vigorously pursues every company sus- pected of price-fixing or bid rigging we stand to lose many, if not most, of the benefits of the competitive bidding system. . � ao `: . . . -2- I introduce herewith a resolution directing the Corporation Counsel to proceed to intervene in this matter and authorizing the retention of Mr. Berger on the basis mentioned above, and urgently request your favor- able consideration. Sincerely, ,�� ! f�'�Z� ��'�ccl� � Bernard T. Holland Commissioner of Public Utilities BTH:hn : i , . o�.`„�►t`�.��«T`R CITY OF ST. PAUL couwca �t�� ' OFFICE OF THE CITY CLERK F�� NO . � �,,:��,�.,,.,:� COUNCIL RESOLUTION—GENERAL FORM � .::�;> PR�iN7ED�Y � �'� � �� M��re COMMtSSiONE� � � .. �'�� 'i ��'� �O �� 'J� #�" � ��# �i�4 �`#�1"p�l�'1� Ci�� '3�,�+��' �M'1��a+/� ��1 l��►+A� i� ��,� , - ; �It2 Iat. �� l+��t1�,� ��' #� lst�t !� +�t i��+�� t;�� , ., :. . , � !��'',� ,�'�1r��' �L �lta�t� #�t #� tt�ilr�lr �i� �e�tt� � ' +r�+�� 1#�i�s�#+r�t ��rlr�rf� a► �rae�r #�� t �i�s #� �� .��► �' +��+fr �nt��►r i�i� � �#��i t+o �i► �il� �' Wti�t� l�,� �t +�+�ts�►io+� ts� h� *s�� t s �ssi�t ��'��t �� t�•iirts � a�� 3i�� • �qrr �+�� i�.�` �'s i�t �u4�► li�##��.ou, a��' irrduet#a; a�y�r►�► �►� �t, t�rl►�lr�q� x��r �t� atLu�ar tar�s asd +rl�aew�#��i+r�a�r s+r► #�r ��il�r�s��.s�t � : �1 �► �bir�x�f�.�q�. JAN 3 0196� COUNCILMEN . Adopted by the Councii 19_ Yeas Nays Carlson .�AN 3 4 196$ 'iJfii$'l�alr�... A�proved 19.— : Holland Tn Favor �eredith� Peterson � �y°!' . Tedesco . A��t , . Mr. President, Byrne ,•�,„�