Herbert A. Bergson, 68, a Washington lawyer and former Justice Department official, died Sunday at his home in Summer, Md., after a heart attack.
At the time of his death he was a partner in the law firm of Bergson, Borkland, Margolis and Adler, which he had founded in 1950.
Mr. Bergson had resigned as assistant attorney general in charge of the antitrust division of the Justice Department in September, 1950. He had been named to that position by President Truman in June, 1948.
Born in Boston, he was a graduate of Harvard University, where he also received his law degree. After practicing law for a year in Boston, he joined the Justice Department in 1934.
He held successively the jobs of trial attorney in the claims division, assistant chief and then chief of the legislative section in the office of assistant to the Attorney General, chief legal consultant to the Assistant Solicitor General, first assistant to the assistant Attorney General in charge of claims, acting assistant Attorney General in charge of claims and executive assistant to the Attorney General before he was named head of the antitrust division.
After founding his own firm, which specialized in antitrust cases, Mr. Bergson returned briefly to government service in the Korean conflict as general counsel of the Office of Defense Mobilization.
In late 1953, Mr. Bergson was indicted on charges of violating the "conflict of interest" law that prohibitied a former government official from making "claims against the United States" within two years after leaving Federal service.
Several months later, he was acquitted on the grounds that he had only sought advice from the antitrust dividison on behalf of private clients soon after resigning from the Justice Department in 1950 and that there had been no demands against the United States for money or property.
It was considered a landmark case because it was the first time the 1919 law had been used.
Mr. Bergson was a member of the American and Federal Bar Associations and had served as editor of the Federal Bar Journal in 1947-48.
A Coast Guard officer in World War II, he belonged to the Army and Navy Club.
He is survived by his wife, Bernice W. Bergson, of the home; three children, Richard W., of Potomac, Paul C., of Great Falls, Va., and Mary B. Newman, of Durham, N.C.; a brother, David E., of Falmouth, Maine; two sisters, Mrs. Robert Rose, of Swampscott, Mass., and Mrs. Irving Berman, of Newton Center, Mass., and four grandchildren.
The family suggests that expressions of sympathy may be in the form of contributions to the Holy Cross Hospital Expansion Fund.