UNITED STATES OF AMERICA,                       v. DARRELL HAWKINS,                   Defendant.

| | | | | | | | | |

Criminal No. 494CR-137A Filed: [1/6/95] Violation: 15 U.S.C. § 1

The United States of America respectfully requests that an Order be entered transferring the above-entitled criminal action to the Honorable Terry Means, a Judge of this Court, for the purposes of re-arraignment, plea, and sentencing, and shows the following in support thereof:

1. On December 9, 1994, the United States filed four criminal Informations with the Clerk of this Court charging Amarillo Winnelson Company, Inc., Gerald Brandt, Morrison Supply Company and Darrell Hawkins each with a violation of the Sherman Act (15 U.S.C. §1). The Informations, copies of which are annexed hereto, were filed and randomly assigned as follows:

494CR-134Y -- U.S. v. Amarillo Winnelson Company, Inc.

494CR-135A -- U.S. v. Gerald Brandt

494CR-136Y -- U.S. v. Morrison Supply Company

494CR-137A -- U.S. v. Darrell Hawkins

3. It is submitted that due to the legal and factual similarities of the cases against the defendants, and the relationship between corporate defendants and its officers, it serves the interest of judicial economy and efficiency for the same judge to preside over the re-arraigment, plea, and sentencing of all defendants.

4. Pursuant to local rule, U.S. v. Amarillo Winnelson Company, Inc., the first case filed with the Court, was randomly assigned to the Honorable Terry Means. When filed with the Clerk of this Court, U.S. v. Darrell Hawkins was randomly assigned to the Honorable John McBryde. The United States requests that the instant case be transferred to the Honorable Terry Means, a judge of this Court, who currently presides over the first case filed U.S. v. Amarillo Winnels on Company, Inc. and U.S. v. Morrison Supply Company, where Darrell Hawkins is currently an officer/employee of the company.

5. The undersigned counsel has spoken with counsel for the defendant, Darrell Hawkins, who consents to the filing of this Motion to Transfer.

WHEREFORE, it is respectfully requested that an Order be entered transferring the above-entitled case to the Honorable Terry Means, a Judge of this Court, for the purposes of re- arraignment, plea, and sentencing.

Respectfully submitted, "/s/"_____________________________ William C. McMurrey Trail Attorney U.S. Department of Justice Antitrust Division Thanksgiving Tower 1601 Elm Street, Suite 4950 Dallas, Texas 75201-4717 (214) 655-2700

I hereby certify that a true and correct copy of the foregoing Government's Motion for Transfer and Proposed Order was sent via U.S. Mail on the 6th day of January, 1995, to the following:

David L. Botsford, Esq. Alvis, Curssow, Cummins, Hoeffner & Botsford 100 Congress Avenue, Suite 1700 Austin, TX 78701 _______"/s/"____________________                     William C. McMurrey                     Trial Attorney                     U.S. Department of Justice                     Antitrust Division

UNITED STATES OF AMERICA,                       v. DARRELL HAWKINS,                   Defendant.

| | | | | | | | | |

Criminal No. 494CR-137A Filed: Violation: 15 U.S.C. § 1

UPON APPLICATION by the United States for an Order transferring the above-entitled criminal action to the Honorable Terry Means, a Judge of this Court, for the purposes of re- arraignment, plea, and sentencing; and it being represented by the United States that this criminal action is legally and factually related to a criminal action over which said Judge has been assigned to preside; and it being represented that counsel for the defendant has been notified of and consents to the filing of this motion by the United States;

THEREFORE, IT IS HEREBY ORDERED THAT: The above- entitled criminal action be transferred to Judge Terry Means for the purposes of re-arraignment, plea, and sentencing.

DONE AND ENTERED at Fort Worth, Texas, this ___ day of January, 1995.

_______________________________________ HONORABLE JOHN McBRYDE UNITED STATES DISTRICT JUDGE