The Great A and P and the Struggle for Small Business in America Part 7

10. "Reporting the Matter of the Loan of John A. Hartford to Elliott Roosevelt," House of Representatives Report No. 1033, 79th Cong., 1st, sess., October 1, 1945, 8; "Gen. Roosevelt Borrowed $600,000," NYT, September 16, 1945. Elliott Roosevelt claimed that his father "never promoted or a.s.sisted my personal business affairs"; "Elliott Roosevelt Brands as a Lie Tale That Father Helped in Loans," NYT, August 1, 1945, but he did not deny that President Roosevelt spoke with Hartford about the loan.

11. "A Loan from the Grocer," Time, June 25, 1945; Jesse Jones, Fifty Billion Dollars: My Thirteen Years with the RFC (New York, 1951).

12. "Scandal or Slander?" Washington Post, June 15, 1945; Westbrook Pegler to Patman, August 7, 1945, and Patman to Pegler, August 9, 1945, box 119(A), WPP; Patman to Robert L. Doughton (chairman, Ways and Means Committee), September 29, 1945, box 102(A), WPP.

13. "Patman Chain Tax Said to Have Only Slight Chance," Progressive Grocer, February 1939, 163; Gerrit Vander Hooning (president, National a.s.sociation of Retail Grocers) to Roosevelt, February 11, 1939; Early to Vander Hooning, February 17, 1939, PPF 2538, FDR; Patman to Roosevelt, May 11, 1939, box 37(B), WPP; May 22, 1939, address to American Retail Federation, in John T. Woolley and Gerhard Peters, American Presidency Project, www.presidency.ucsb.edu/ws/?pid=15763, accessed December 20, 2009; Patman to George Schulte, October 17, 1939, box 37(C), WPP.

14. "Plan New Anti-chain Campaign," Business Week, July 8, 1939, 30; "Chain-Tax Proposals Killed in 26 States This Year; Levies in 3 Others Were Voided," NYT, July 7, 1939; Lee, "Recent Trends in Chain-Store Tax Legislation"; Great Atlantic & Pacific v. F.T.C., 10 F.2d 673 (3rd Cir., September 22, 1939).

15. Patman statement, June 7, 1939, box 37(C), WPP; unidentified writer to Mr. Kile, memo, July 16, 1939, Records of the U.S. House of Representatives, 76th Cong., Papers Accompanying Specific Bills and Resolutions, RG 233, HR76A-D39, box 395, NARA; Freedom of Opportunity Foundation, "Bulletin," August 21, 1939, box 37(B), WPP. Ingram and Rao, "Store Wars," 45759, point to the diffuse interests of anti-chain campaigners as a source of political weakness.

16. Patman to "Dear Colleague," September 15, 1939, box 37(C), WPP; Patman to Schulte, October 17, 1939, box 37(C), WPP; Capper to Stratton Shartel, July 26, 1939, KSHS; Roosevelt to Doughton, memo, November 14, 1939, and Doughton to Roosevelt, November 17, 1939, OF 288, FDR. "I am merely pa.s.sing this along to you," Roosevelt wrote to Doughton, marking his thoughts "personal." "I regret that Mr. Patman thought it was necessary to call the matter of a hearing on his bill to your attention," Doughton responded.

17. Feldman, "Legislative Opposition," 339.

18. WSJ, March 5, 1940; House Committee on Ways and Means, 76th Cong., 3rd sess. , Excise Tax on Retail Stores: Hearings Before Subcommittee on H.R. 1, March 17 through May 16, 1940 (Washington, D.C., 1940), 775, 1053, 1060, 1107, 1122, 1127, 136268; Ryant, "The South and the Movement Against Chain Stores," 21617. See also Caroline F. Ware Papers, box 45, FDR.

19. Wallace to Doughton, April 2, 1940; n.o.ble to Doughton, May 16, 1940; Ewin L. Davis (chairman, Federal Trade Commission) to Doughton, March 26, 1940, RG 233, Records of the U.S. House of Representatives, 76th Cong., box 395, NARA-LA; RG 40, General Records of the Department of Commerce, Records of the Office of the Secretary, Subject Files of Undersecretary of Commerce Edward J. n.o.ble, box 5, NARA-CP; typescript, April 3, 1940, by Weaver Myers, attorney, Joint Committee on Internal Revenue Taxation, RG 56, General Records of the Department of Treasury, Office of Tax Policy, Subject Files, box 13, NARA-CP. The meeting with Arnold is in Patman's appointment book for 1940, box 1705, WPP; letters to Rayburn, box 3R284, SRP; Brandeis to Patman, April 14, 1940, box 37(B), WPP.

20. Patman's addresses on CBS are in box 37(B), WPP; the May 18, 1940, address on NBC Blue is in box 37(A), WPP.

21. Byoir, a lieutenant colonel in the Army Reserve, was so upset by Patman's statements that he wrote to Roosevelt about it; Byoir to Roosevelt, PPF 2176, FDR. "Dies Group Offers to Hear Byoir Reply," NYT, June 4, 1940; McCormack statement in box 37(B), WPP.

22. U.S. Bureau of the Census, Fifteenth Census of the United States: 1930 Retail Distribution: Summary for the United States (Washington, D.C., 1933), 28; U.S. Bureau of the Census, Census of Business, Retail Trade, vol. 1, pt. 1 (Washington, D.C., 1941), 57; Albright, "Changes in Wholesaling," 31.

23. Bruce M. Fowler and William H. Shaw, "Distributive Costs of Consumption Commodities," Survey of Current Business, July 1942, 16.

18: THE FOURTH REVOLUTION.

1. Dx 92, box 68; Dx 135, box 68; Gx 359, Tr 1441. On A&P's violation in Ohio, see H. L. English (secretary, Ohio Fair Trade Committee, Columbus) to S. H. Tenover (Kroger Grocery and Baking Company, Cincinnati), February 4, 1941, RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 72, NARA-CP.

2. "Bra.s.s Tacks for the Investor," Barron's, January 2, 1939, 20; "Income Reported by Corporations," NYT, June 2, 1937.

3. Adelman, A&P, 453; "A&P Goes to the Wars," Fortune, April 1938, 138.

4. Mark Levy, Chain Stores: Helpful and Practical Information for a Real Estate Broker (Chicago, 1940); Dx 383, box 67; Deutsch, "From 'Wild Animal Stores' to 'Women's Sphere,'" 149; Dx 384, box 67. At the end of 1940, A&P had 1,396 supermarkets, and its total sales at supermarkets in that year were $593.5 million. This yields average annual sales per store of $425,143, or $8,176 per week. However, as 277, or 20 percent, of the stores counted at year-end had been open for less than a full year, average weekly sales were probably considerably higher than these figures suggest. According to figures in Adelman, A&P, 44748, only 72 of the 923 A&P supermarkets functioning in the SeptemberNovember 1939 period had weekly sales below $5,000, but a majority had sales between $5,000 and $9,999.

5. Gx 317.

6. Dx 577a.

7. "Memorandum of Interviews with Members of United Fresh Fruit & Vegetable a.s.sociation, Chicago, Illinois, January 22 to 25, 1945," box 66, Danville trial records; Gx 2319, box 66; Dx 612, box 67.

8. Rentz, "Death of 'Grandma,'" MS, 6065; Adelman, A&P, 468.

9. Gx 209; Tr 898.

10. U.S. Bureau of the Census, Census of Business, vol. 1, Retail Trade, pt. 1, 817. A&P had 851 self-service stores with sales exceeding $5,000 per week, or $260,000 per year. Adelman, A&P, 44849.

11. Dx 504, box 66.

12. Gx 2656, Tr 9556; Gx 3031, Tr 10555; Dx 87, box 68.

13. Several examples of John Hartford's correspondence with store managers are in file 157, HFF.

14. Comment of Central Division president C. A. Brooks, August 25, 1935, Dx 252, box 66; Dx 268, box 66; "Red Circle and Gold Leaf," Time, November 13, 1950.

15. "Charts, Presidents' Meeting, February 9, 1928," box 67, Danville trial files; Dx 283, box 66.

16. Dx 507, box 66; Rentz, "Death of Grandma," 47.

17. Dx 433, box 66; Dx 504, box 66; Gx 162, Tr 738; Dx 450, box 66.

18. Dx 254, box 66; Dx 517, box 66; Dx 259, box 66.

19. Much Safeway correspondence of this sort is in RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 72, NARA-CP.

20. Gx 2683, Tr 9654; Dx 683, box 66; Gx 2754, Tr 9894; Dx 341, Tr 16393; Tr 20451. In January 1937, John demanded the immediate firing of an a.s.sistant superintendent after learning that a store in Buffalo had sold "18 or 20 items" below cost; see Dx 1017, box 66.

21. Dx 286, 287, 289, 290, 291, 293, 294, 296, 298, 299, 301, box 66.

22. Dx 302, box 66.

23. On the disregard of return on investment as a performance measure, see the testimony of A. G. Hoadley, president of the Middle Western Division, at Tr 15136. See also Gx 218, Tr 965. John's appeal failed; at the end of fiscal year 1940, A&P showed earnings of $7.92 per share.

24. Adelman, A&P, 454; "Chain-Store Gains Laid to Attacks," NYT, January 2, 1940.

19: THE TRUSTBUSTER.

1. Patman to Flynn, May 15, 1941, box 82(c), WPP; Caro, Years of Lyndon Johnson, 675740.

2. Gressley, Voltaire and the Cowboy, 19.

3. Brinkley, "Antimonopoly Ideal and the Liberal State," 559; Gressley, Voltaire and the Cowboy, 269.

4. Arnold, Folklore of Capitalism, 212; Miscamble, "Thurman Arnold Goes to Washington," 58. For critiques of Arnold's realism, see Kesselman, "Frontier Thesis and the Great Depression," 266, and Gressley, "Colonialism," 72.

5. There is an ample literature on the Roosevelt administration's ant.i.trust policies in the late 1930s. See, among many other sources, Hawley, New Deal and the Problem of Monopoly; Hofstadter, Age of Reform, 31422; Leuchtenberg, Franklin Roosevelt and the New Deal, 14850; Gressley, "Thurman Arnold, Ant.i.trust, and the New Deal," 23031; Edwards, "Thurman Arnold and the Ant.i.trust Laws"; Waller, "Ant.i.trust Legacy of Thurman Arnold."

6. "Memorandum for a.s.sistant Attorney General Ant.i.trust Division: General Outlines of the Food Investigation," June 13, 1940, reprinted in Arnold, Bottlenecks of Business, 225. Arnold's comment is at 239.

7. Copies of the pamphlets are in RG 56, General Records of the Department of the Treasury, Central Files of the Office of the Secretary, box 134, NARA-CP. "Byoir 'Exoneration' Is. .h.i.t as Too Hasty," NYT, July 22, 1940; "Byoir, Publicity Man, Called n.a.z.i Agent, a.s.sails Patman," Washington Post, August 30, 1930; Patman's appointment books are in WPP, box 1705.

8. On the Connecticut case, see "Grocers Indicted as Price Fixers," NYT, May 24, 1941. The cheese indictment, U.S. v. Great Atlantic & Pacific Tea Co. et al., Criminal 11-345, Southern District of New York, September 25, 1941, is in box 66, Danville trial files; see also "Price-Fixing of State's Cheese Laid to 2 Big Concerns, 90 Others," NYT, September 26, 1941. On the bread case, U.S. v. Great Atlantic & Pacific, U.S. District Court for the District of Columbia, Criminal 67845, see Tr 85.

9. "Memorandum for the Federal Bureau of Investigation," December 4, 1941, RG 122, Records of the Federal Trade Commission, Bureau of Economics, Office File of Roy A. Prewitt, box 6, NARA-CP; "Food Groups Fined in Connecticut Case," NYT, November 4, 1941; "Fines Are a.s.sessed in 2 Cheese Cases," NYT, September 7, 1944; "Acquitted in Bread Price Suit," NYT, March 20, 1942; "Food Monopolies Held to Be Waning," NYT, September 16, 1941. This evidence of Thurman Arnold's ambivalence about ant.i.trust enforcement, as demonstrated by his division's simultaneous attacks on price-fixing and price compet.i.tion, is at odds with the widely held view that he had a "comprehensive ant.i.trust program," as a.s.serted by Miscamble, "Thurman Arnold Goes to Washington," 14. Corwin Edwards, Arnold's chief economist, went so far as to a.s.sert in 1943 that the ant.i.trust division had become the "special custodian of the interests of consumers, small businessmen, and other victims of monopoly and restraint of trade," without acknowledging that the interests of consumers and small businessmen were often at odds; see "Thurman Arnold and the Ant.i.trust Laws," 354. On commodity agreements, see Wells, Ant.i.trust and the Formation of the Postwar World, 69.

10. "A&P Gives Part Pay to Its Service Men," NYT, December 31, 1940; "Need for Reducing Cost of Distribution Greater Because of War, Says Hartford," NYT, January 2, 1941; "A&P Pays More to Produce Trades," NYT, March 18, 1941.

11. "A&P Gives 5-Day Week," NYT, April 29, 1941; "A&P Sales at Top; Profit Rate Drops," NYT, June 27, 1941; "A&P Pays Men in Service," NYT, November 25, 1941; "Bonuses Announced," NYT, December 5, 1941; "A&P Backs Curbs on Price of Food," NYT, December 31, 1941.

12. William R. Watkins (special a.s.sistant to the attorney general) to Food Chain Staff, memo, February 6, 1942, RG 122, Records of the Federal Trade Commission, Bureau of Economics, Office File of Roy A. Prewitt, 193960, box 6, NARA-CP. A&P estimated the government took 100,962 doc.u.ments from its files, whereas the government's count was 87,577; see Affidavit of Alma Hawkes, secretary to Caruthers Ewing, in RG 21, Records of the U.S. District Courts, Records of the U.S. District Court, Eastern District of Illinois, Danville Division, Criminal Records, Criminal Case Files, box 149, NARA-C. Patman's lunch with Arnold appears on Patman's calendar; see box 1705, WPP.

13. "Report of Progress of Food Chain Investigation, March 30, 1942," 1/9, 2/1, 3/3, 2/10, 2/11, 1/4. Collection of thirty thousand to fifty thousand doc.u.ments was cited in U.S. v. New York Great Atlantic & Pacific Tea Co., 52 F. Supp. 683 (N.D. Texas).

14. Wells, Ant.i.trust and the Formation of the Postwar World, 8081; Brinkley, "Antimonopoly Ideal and the Liberal State," 577.

15. Dx 991; Dx 993. The Federal Trade Commission, which had legal authority separate from that of the ant.i.trust division, proposed in 1942 to punish A&P for unfair treatment of Washington state apple growers, but it rescinded the order after acknowledging that A&P was ent.i.tled to the lowest prices for paying cash. Arnold's lawyers were unmoved. FTC docket 3344.

16. Indictment, U.S. v. New York Great Atlantic & Pacific Tea Company, case 10512 (Criminal), N.D. Texas, November 25, 1942; U.S. v. New York Great Atlantic & Pacific Tea Co., case 10603, 137 F.2d 459 (5th Cir., July 30, 1943), rehearing denied September 1, 1943. On the local A&P, see "New A&P Super-store Opens Here," Danville Commercial-News, September 22, 1938.

17. "U.S. vs. A&P Company," Danville Commercial-News, April 28, 1945; Report of Pretrial Conference, box 149, Danville trial, NARA-C; "86 Days of A&P Anti-trust Trial Cost Estimates $2,000,000-and That's Not All!" Danville Commercial-News, October 21, 1945. The Justice Department subsequently filed ant.i.trust suits against Safeway and Kroger as well, but these were much smaller in scope and far less complex to try.

18. Tr 20432; "Exhibits Pile Up in A&P Trial; May Pa.s.s 4,000," Chicago Tribune, July 1, 1945; "Crowd Fills Court to See John Hartford," Chicago Tribune, October 24, 1945; "Lindley Denies Motion to Rule Out 250,000 Doc.u.ments in A&P Case," Danville Commercial-News, April 16, 1945; "A&P Anti-trust Trial to Resume in Federal Court," Sunday Commercial-News, September 16, 1945; "A&P Defense Rests Case as Hartford Defines Profit," Danville Commercial-News, October 24, 1945.

19. Gressley, Voltaire and the Cowboy, 54.

20. For an overview of thinking about vertical integration in the 1940s, see G. E. Hale, "Vertical Integration: Impact of the Ant.i.trust Laws upon Combinations of Successive Stages of Production and Distribution," Columbia Law Review 49 (1949), 92154.

21. Tr 2798; Tr 572533; Dx 706.

22. "Brief for the United States," 854, Danville trial; Tr 20618.

23. Dx 577; 67 F. Supp. 655, 657.

24. Tr 20825.

25. Tr 20825; Gx 314; Adelman, A&P, 438; Tr 172024.

26. 67 F. Supp. 636, 641; Final order, September 27, 1946, Danville trial.

27. U.S. v. New York Great Atlantic & Pacific Tea Co., 7th Cir., case 9221, February 24, 1949, 173 F. 2d 88.

28. L. A. Warren (president, Safeway) to Lawrence Giles (Safeway's attorney with Chadbourne, Hunt, Jaeckel & Brown, New York), March 15, 1937, and L. Giles, "Memorandum Regarding Safeway Stores, Incorporated," April 7, 1937, both in RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 71, NARA-CP.

29. M. A. Adelman, "The A&P Case: A Study in Applied Economic Theory." The dissertation was later published in revised form as A&P: A Study in Price-Cost Behavior and Public Policy. Joel B. Dirlam and Alfred E. Kahn, "Ant.i.trust Law and the Big Buyer: Another Look at the A&P Case"; M. A. Adelman, "Dirlam and Kahn on the A&P Case"; Fulda, "Food Distribution."

30. The ant.i.trust division's budget increased from $432,000 in 1938, the year Arnold took over, to $2.3 million in 1942. "Appropriation Figures for the Ant.i.trust Division," www.justice.gov/atr/public/10804a.htm, accessed March 24, 2010.

31. Harry Truman, "Annual Message to the Congress on the State of the Union," January 6, 1947; Truman, "Annual Budget Message to the Congress, Fiscal Year 1948," January 10, 1947; H. Graham Morison, interview by Jerry N. Hess, August 4 and 10, 1972, 293, Harry S. Truman Library and Museum, www.trumanlibrary.org/oralhist/morison2.htm and morison3.htm, accessed March 24, 2010.

20: MOM AND POP'S LAST STAND 1. On the labor shortage, see Minutes, meeting of division managers and division meat merchandisers, Kroger Grocery and Baking Company, June 2627, 1941, in RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 75, NARA-CP. On relative chain-store performance, see Reba L. Osborne, "Retail Sales of Chain and Mail-Order Firms," Survey of Current Business, February 1944, 1220; Genevieve B. Wimsatt, "Business Discontinuances, 194042," Survey of Current Business, November 1943, 18. Byoir comment is in Gx 234.

2. Jacobs, "'How About Some Meat?'" 916.

3. Galbraith to Henderson, memo, December 8, 1942, Leon Henderson Papers, box 29, FDR.

4. Pettengill, "Comparative Retail Grocery Ceiling Prices in Los Angeles," 149; Galbraith to Henderson, memo, October 6, 1942, and "Retail Price Plan," December 5, 1942, Leon Henderson Papers, box 29, FDR.

5. "Won't Go Hungry, Says A&P Head," NYT, January 3, 1943; Clement Winston and Reba L. Osborne, "The Pattern of Chain Store Sales in Retail Distribution," Survey of Current Business, July 1947, 12.

6. Peter M. Tamburo (chief regional investigator, Office of Price Administration [OPA], Dallas) to Edward Crane (regional attorney, OPA), memo, July 27, 1942; Geoffrey Baker (a.s.sociate price executive, food and food products branch, OPA) to M. B. Schilling (A&P), August 26, 1942; Byron Jay (A&P) to Henry Curran (OPA), June 1, 1943; R. B. Sharbrough (department of research and statistics, A&P) to W. A. Neilander (OPA), December 15, 1941; Sharbrough to Galbraith, April 4, 1942; W. A. Donahoe (sales manager, A&P, Scranton, Pa.) to Wm. P. Farrell (acting price executive, OPA, Scranton), September 13, 1943; T. A. Connors (A&P, Chicago) to Victor Lea (fats and oil division, OPA), telegram, April 1, 1942; all in RG 188, Office of Price Administration, Price Records, National Office, Food Price Division Central Files, Non-governmental Correspondence, 194143, box 3132, NARA-CP. Newspaper articles attributed supermarkets' poor financial performance during the war to lack of inventory, but this does not appear to be accurate in the case of A&P, whose inventory-to-sales ratios in February 1943 and February 1944 were higher than before the war.

7. Patzig, "Effect of the War on Retail Food Outlets," 111.

8. "A&P Sales Rise to $1,471,177,992," NYT, July 27, 1943; "Food Chains Lose Under War Curbs," NYT, August 15, 1945; Clement Winston and Reba L. Osborne, "Postwar Patterns of Chain and Independent Store Sales," Survey of Current Business, January 1949, 10; Office of Price Administration, Office of Temporary Controls, "Survey of Chain Grocery Stores and Wholesale Grocers: Summary of Operating Data for Various Periods, 1936 Through 1945," May 1947.

9. AG, February 13, 1946, 44, 5457; Winston and Osborne, "Pattern of Chain Store Sales," 13; Merrill Lynch, Pierce, Fenner & Beane, Chain Stores: Investigate Then Invest (New York, 1948), 15.

10. U.S. Bureau of the Census, Statistical Abstract, 1952 (Washington, D.C., 1952), 726; Progressive Grocer, September 1947, 86. The number of supermarkets in 1941 is necessarily an approximation, as there is no precise definition of "supermarket." One of the suburban communities with robust population growth was Orange, New Jersey, where the large home George H. Hartford had built in the late 1860s was torn down in 1948, to be replaced by an apartment complex; see "Geo. Hartford, Head of A&P, Dies at Age 92," Montclair (N.J.) Times, September 26, 1957.

11. Applebaum, "Adjustment of Retailing to 1941 Conditions," 440; Progressive Grocer, March 1945, 169, 162; September 1945, 96; March 1949, 57.

12. Moss, "Constructing the Supermarket," typescript; Deutsch, "From 'Wild Animal Stores' to Women's Sphere"; Progressive Grocer, Self-Service Food Stores (New York, 1946), 17; Paul Leva.s.seur and Carrol Waldeck, "Consider These Points if You're Making Plans to Modernize," Progressive Grocer, October 1948, 65; Charles W. Hauch, "Prepacking of Fruits & Vegetables Reduces Waste, Saves Labor," Progressive Grocer, March 1946, 62.

13. Progressive Grocer, September 1946, 85, and October 1946, 194; Rentz, "Death of 'Grandma,'" MS, 64; A&P, "The Feeders Primer" (New York, 1937), HFF; Arnold Nicholson, "More White Meat for You," Sat.u.r.day Evening Post, August 9, 1947, 12; Bugos, "Intellectual Property Protection in the American Chicken-Breeding Industry," 139; "Adequate '47 Food Supply Is Forecast by Hartford," NYT, December 26, 1946; "Economy, Service Held Grocers' Aim," NYT, December 24, 1947; "A&P President Says Grocers' Inventories Are Healthiest in Years," WSJ, December 24, 1947; Shane Hamilton, "The Economies and Conveniences of Modern-Day Living: Frozen Foods and Ma.s.s Marketing, 19451965," Business History Review 77 (2003), 3637; Progressive Grocer, October 1952, 115.

14. Patman's speeches bore t.i.tles such as "How A&P Beat the Chain-Store Tax Bill-Now It Can Be Told," Congressional Record, September 19, 1945, H.R. 4200, 79th Cong., introduced September 27, 1945. Critical letters from the Commerce and Treasury departments are in RG 56, General Records of the Department of the Treasury, Central Files of the Office of the Secretary of the Treasury, 193356, box 134, NARA-CP; Robert L. Doughton (chairman, Ways and Means Committee) to Patman, June 21, 1949, box 847A, WPP; Richard R. Haas to Patman, memo, September 30, 1949, box 102(A), WPP; Suzanne Manfull to Patman, October 10, 1949, box 102(A), WPP; J. R. Alexander to Patman, September 17, 1949, box 37(C), WPP.

15. Robert K. Walsh, "Uncle Sam, A&P, and John Q. Public," Washington, D.C., Sunday Star, December 4, 1949; "Democrats Happy over Minton's Rise," NYT, September 16, 1949.

16. "Anti-trust Suit Asks A&P Be Split," WSJ, September 16, 1949; Walsh, "Uncle Sam"; Cabell Phillips, "U.S. Versus the A&P: The Two Arguments," NYT, December 11, 1949. For a legal a.n.a.lysis in support of the government's position, see Hirsch and Votaw, "Giant Grocery Retailing and the Ant.i.trust Laws."

17. Douglas La.r.s.en, "Vast Propaganda War Spurred by A&P Suit," New York World-Telegram, November 9, 1949; "McGrath Defends Anti-trust Actions in Food Industry," WSJ, March 14, 1950; Bergson, "The Ant.i.trust Laws and the A&P Case," speech to Operation Incorporated, October 19, 1949, Chicago, and "Statement by a.s.sistant Attorney General Herbert A. Bergson," October 12, 1949, both in RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 23; "U.S. Aim Cited in A&P Suit," NYT, October 21, 1949; Collier's, November 26, 1949.

18. "The A&P Case-and the Trade's Reaction," Progressive Grocer, October 1949, 54; Washington News, October 31, 1949; La.r.s.en, "Vast Propaganda War"; World Telegram, October 28, 1949; James A. Williams, "Economy Is Sound, Sales Group Told," NYT, December 4, 1949. Among Patman's speeches are "A&P Falsehoods Blanket the Nation," Congressional Record, October 26, 1949; and "A&P's Nation-Wide Propaganda Campaign," Congressional Record, March 20, 1950.

19. Walsh, "Uncle Sam"; Harry Borton to J. Howard McGrath, October 10, 1949, and Edmund A. Nelson to McGrath, October 14, 1949, RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 23; "Senate Quiz Told A&P Gets Rebates," NYT, December 14, 1949; "Voters Side with A&P in U.S. Suit," World-Telegram, November 21, 1949.

20. "A&P Files Reply, Denying Monopoly," NYT, April 11, 1950. See, for example, Chicago Tribune, May 12, 1950; Mrs. Otis Cutler to McGrath, May 2, 1950, and Nathan Helms to Truman, May 2, 1950, both in RG 60, General Records of the Department of Justice, Ant.i.trust Division, Enclosures to Cla.s.sified Subject Files, 193087, Cla.s.s 60 enclosures, box 79; E. C. Cornelius (McKinney, Texas) to Rayburn, June 8, 1950, and Raymond Graves (Melissa, Texas) to Rayburn, May 17, 1950, both box 3R369, SRP; H. D. Jackson to Patman, n.d., and Patman to Jackson, May 25, 1950, both box 37(C), WPP.

21. "Bergson Resigns as 'Trust Buster,'" NYT, September 15, 1950.

22. "Red Circle and Gold Leaf," Time, November 13, 1950; "Letter from the Editor," Time, May 5, 1954; "Hartford Predicts Ample Food Supply," NYT, December 29, 1950; Toney Terry Hatfield, "Boss Hartford of the A&P," Coronet, May 1951, 94.

23. "Attacks on Bigness Declared Unwise," NYT, January 15, 1951; Schwegmann Brothers v. Calvert Distillers, 341 U.S. 384, May 21, 1951; Jaffe, "The Supreme Court, 1950 Term."

21: THE FALL.

1. "John A. Hartford Dies in Elevator," NYT, September 21, 1951; "O.W.S. Biography-Notes from 1951 Through 1960," HFF; "400 Attend Funeral of John A. Hartford," NYT, September 25, 1951; "Mrs. John A. Hartford," NYT, September 6, 1948; "$55,605,290 Estate to Pay Small Tax," NYT, June 30, 1954.

2. "D. T. Bofinger Promoted," NYT, February 7, 1949; "Bofinger Spurred on Coffee Data," NYT, December 8, 1949; "David T. Bofinger, President of A&P," NYT, December 20, 1949.

3. "Who's News," NYT, June 13, 1950; Robert E. Bedingfield, "Personality: Wary Empire Builder at A&P," NYT, January 11, 1959; testimony of Charles W. Parr, head of A&P field buying offices, at Danville trial, Tr 199.

4. "Fair Trade Called Price Fixing Cloak," NYT, February 14, 1952; "President Accepts Resignations of Two," NYT, June 26, 1952; U.S. v. New York Great Atlantic & Pacific Tea Co., Civil Action 52-139 (S.D. N.Y., January 19, 1954), 1954 U.S. Dist. Lexis 3678; "Food Chain Offers Consent Decree in Anti-trust Suit," WSJ, April 6, 1953; "U.S. and A&P Settle Anti-trust Suit," WSJ, January 20, 1954.

5. Market-share estimates are from Progressive Grocer, July 1952, 134.