Rare Book & Manuscript Library

Wilfred Feinberg Papers, 1936-2011, bulk 1960-2011

Series II: United States District Court for the Southern District of New York,, 1961-1966

This series consists of records from Feinberg's service as a district judge, before being elevated to the Second Circuit in 1966. Materials relating to his recess nomination in 1961 and official confirmation in 1962, including correspondence and photographs, are represented. One of his most notable contributions as a district judge was on the electrical equipment antitrust cases, which make up a sizable portion of the series. Also included are the court's sitting schedules and trial calendars, Feinberg's chamber case files, draft and pattern jury charges, motions heard, and rulings. This series is divided into seven subseries.

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Subseries II.1: Calendars Reassigned After Court of Appeals Appointment,, 1966

In preparation for his departure from the district court, Feinberg wrote notes and case conference summaries for the district judges scheduled to replace him on ongoing cases. This subseries also includes copies of scheduling calendars, and is arranged by date.

Box 1 Part I Calendars, 1966, (14 folders)

Box 6 Trial Assignment Summaries, 1966, (1 folder)

Subseries II.2: Case Files, 1961-1966

Feinberg kept his district case files separated into civil and criminal arrangements, and his original order has been maintained. Each case consists of a folder (or folders) and includes some combination of pre-trial and research notes, amicus curiae from interested agencies and parties, clippings related to the case, correspondence from the parties and the public, inter-judge memoranda, legal precedent research, opinions (both draft and published), other court pleadings, and pre-trial and trial transcripts. Two of Feinberg's noteworthy cases includeDavis v. E.I. DuPont de Nemours and Company249 F.Supp. 329 (SDNY 1966) and Zippo Manufacturing Co. v. Rogers Imports, Inc.216 F.Supp. 670 (SDNY 1963).Zippo Manufacturingdealt with a question of copyright infringement, but its enduring relevance has to do with Feinberg's decision that consumer surveys are admissible as evidence.Davis v DuPontis another copyright infringement case regarding a 1960 telecast ofEthan Frome.

The bound docket books are chronological, and include an alphabetical index and a brief summary of each case and its final dispensation. Case files, divided into civil and criminal, are arranged alphabetically by plaintiff name.

Box 6-7 Civil, 1961-1966, (102 folders)

Box 7-8 Criminal, 1961-1966, (26 folders)

Box 5 Docket Books, 1961-1966, (2 volumes)

Subseries II.3: Electrical Cases, 1962-1966

The electrical equipment antitrust cases of the 1960s prompted major developments in judicial policy for complex multidistrict litigation. Grand jury indictments against electrical equipment manufacturers led to criminal convictions for price-fixing in 1961, which prompted more than 2000 private antitrust suits in 35 districts. In response, the Judicial Conference created the nine-member Co-Ordinating Committee for Multiple Litigation, and Feinberg assisted fellow SDNY District Judge Sylvester Ryan with the committee. It was a multiyear administrative undertaking, and this subseries includes substantial correspondence, research material and committee discussions and memoranda, as well as a record of the sizable pleadings and complex scheduling overseen by the Co-Ordinating Committee.

Box 11-12 Correspondence, 1962-1966, (8 folders)

Co-Ordinating Committee for Multiple Litigation, 1963-1966

Box 12 Analyses, 1964-1965, (6 folders)

Box 12 Non-Priority Lines, 1965, (3 folders)

Box 12-13 Other Court Rulings, 1963-1965, (8 folders)

Box 13 Research Material, 1963-1966, (6 folders)

Box 13 Scheduling, 1964-1965, (1 folder)

Box 13 Transfers, 1964-1966, (9 folders)

Box 14 Depositions, 1962-1965, (28 folders)

Box 14-15 Interrogatories, 1962-1964, (12 folders)

Local, 1962-1966

Box 15 General, 1964-1965, (4 folders)

Box 15 Correspondence, 1964-1966, (2 folders)

Box 15 Condenser Cases, 1965-1966, (1 folder)

Box 15 Depositions, 1964, (4 folders)

Box 15 Interrogatories, 1964-1965, (2 folders)

Pleadings, 1962-1965

Box 15 Complaint, 1962, (1 folder)

Box 15 Briefs and Memoranda, 1964-1965, (6 folders)

Box 15-16 Requests to Admit, 1963-1965, (4 folders)

Box 16 Rule 34 Motion, 1964-1965, (2 folders)

Box 16 Pre-Trial Orders, 1963-1966, (23 folders)

Box 16 Stipulations, 1964-1965, (1 folder)

Box 16 Jury Charges, 1964, (2 folders)

Box 16 Trial Notes, 1965, (3 folders)

Box 16 Opinion, 1965, (1 folder)

Box 17 Philadelphia Trial Summaries, 1964-1966, (59 folders)

Pleadings, 1961-1965

Box 17 Complaints, 1961-1962, (2 folder)

Box 17 Motion #1, 1962, (5 folders)

Box 18 Motion #2, 1962, (4 folders)

Box 18 Motion #3, 1962, (3 folders)

Box 18 Defendants' Rule 34 Motion, 1963, (1 folder)

Box 18 Plaintiffs' Rule 34 Motion, 1963, (3 folders)

Box 18 Privilege, 1963, (1 folder)

Box 18 Indirect Purchases, 1965, (1 folder)

Box 18-20 Pre-Trial Orders, 1962-1965, (100 folders)

Box 20 Settlement, 1963-1965, (1 folder)

Subseries II.4: Judicial Appointment, 1961-1962

This subseries relates to Feinberg's October 1961 recess appointment by President Kennedy and his formal nomination and Senate confirmation the following spring. Materials include clippings, letters of congratulations, photographs, and programs. Each file is arranged chronologically.

Box 8 Clippings and Programs, 1961-1962, (1 folder)

Correspondence, 1961-1962

Box 8 General, 1961-1962, (1 folder)

Box 8 Letters of Congratulations and Acknowledgement, 1961, (3 folders)

Box 8 Letters of Reference, 1961, (2 folders)

Box 8 Photographs, 1961, (1 folder)

Subseries II.5: Jury Charges, 1961-1966

Jury charges are the instructions a judge delivers to a jury prior to deliberation regarding the questions of fact at issue. This subseries is divided into civil and criminal jury charges and includes both official New York Pattern Jury Instructions and Feinberg's drafts of case-specific jury instructions. Materials are arranged alphabetically by charge.

Box 8-9 Civil, 1961-1966, (61 folders)

Box 9 Criminal, 1961-1966, (43 folders)

Subseries II.6: Motions, 1961-1965

Motions ruled on by Feinberg are divided by type and filed chronologically by court term. This subseries also includes court calendars and hearing schedules.

Box 224 Calendars for Noticed Motions, 1962-1965, (2 folders)

Box 10-11 Civil, 1961-1965, (12 folders)

Box 11 Criminal, 1962-1964, (6 folders)

Box 11 Reduction of Sentence, 1964, (1 folder)

Box 11 Referred to Pre-Trial Examiners, 1965, (1 folder)

Subseries II.7: Opinions, 1961-1966

This subseries includes final versions of all filed legal memoranda and opinions written by Feinberg. The subseries begins with an alphabetical index by case citation. The opinions and memoranda are filed chronologically by court term.

Box 9 Alphabetical Index to Memoranda and Opinions, 1966, (1 folder)

Box 9-10 Memoranda and Opinions, 1961-1966, (18 folders)