Between 1978 and 1983, Defendants conspired to rig bids and allocate geographic areas in New York with respect to contracts for sale or sale and application of asphalt in violation of the Sherman Act (15 U.S.C. sec.1) and the Donnelly Act (New York General Business Law secs. 340-347). Defendants discussed the submission of bids and determined who would be the low bidder. In collusion, Defendants submitted intentionally high or noncompetitive bids, refrained from bidding, and submitted bids containing false information. Defendants unsuccessfully argued that an admission of bid rigging in a criminal case (U.S. v. Yonkers Contracting Co., 87 Cr. 0557 (S.D.N.Y. April 27, 1988) should not apply in the civil case. Defendants were found liable for damages to direct governmental purchasers. The case settled on December 11, 1989 for $440,000.