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. ey pe pe > # ) Office Memord dum + onttep STATI: GOVERNMENT 70 +: DIRECTOR, FBI (7-86) (SAC, CHICAGO (62-4098) SUBJECT: noceys TOUHY es woo ir EY PEPTIDE en HABEAS CORPUS PROCEEDING (=~. 92 20 7 00 Se Th airtel dated 12/10/59. oo On January 5, 1960, a review of Docket Number — 59C1961 in the Office of the Clerk of the United States District Courtreflected the following developments in . the case entitled, "JOHN FACTOR vs. the Pennington Press, Incorporated; ET AL": 7 : ~ | On January 4, 1960, Attorneys HOWARD P. ROBINSON and GEORGE M. BURNEY entered their appearances for the defendant Carson Pirie Scott and Company. .- - filed-a notice of <deposition for discovery from the President of Pennington Press on January 25, 1960, and from the President of the Merrick Lithograph Company on January 27, 1960. On January 4, 1960, Attorney THOMAS CERNAK filed a "Suggestion of Death" of ROGER TOUHY, lately a defendant in this matter. (Attorney CERNAK is the attorney for ROGER TOUHY's estate.) _ . On January 4, 1960, Attorneys BERNARD H. SOKOL (a former Assistant United States Attorney) and ROBERT B. . JOHNSTONE filed an answer on behalf of Merrick Lithograph answer a motion to dismiss the complaint on the grounds that Countl fails to state any claim upon which relief may be granted in that on the face of the complaint it is apparent that the plaintiff was, in fact, a swindler, coe convicted of using the mail to defraud and: had served morg,,than five years in a United States penifentiary; and that’ from the face of the complaint it).appears that the plaintiff; --a convicted swindler, had no personal or business repy tation susest{ ple of making plai of actionable Gefamation or libel. vs PAD Oe AUR 780 sine ye \: bers ae, LL ~ Bureau :. Ep + ee Thy. : i oy ‘A 6) Fie? me mE nr me IE SO eT am er eg pom ter weer tee Company and the Pennington Press and incorporated in this . DATE: January 8, 1960 Re Chicago letter dated 12/28/59 and Chicago. ae On January 4, 1960, FACTOR's attorney, FRANK WC GARR | ntiff,a subjec