U.S. v. MASONITE CORP.

No. 723.

316 U.S. 265 (1942)

UNITED STATES v. MASONITE CORPORATION ET AL.

Supreme Court of United States.

Decided May 11, 1942.


Attorney(s) appearing for the Case

Messrs. Hugh B. Cox and Assistant Attorney General Arnold, with whom Solicitor General Fahy and Messrs. Samuel S. Isseks, Archibald Cox, James C. Wilson, and Marcus A. Hollabaugh were on the brief, for the United States.

Mr. Charles H. Tuttle, with whom Messrs. Louis Quarles, Fletcher Lewis, and Herbert H. Dyke were on the brief, for the Masonite Corporation; Mr. Andrew J. Dallstream, with whom Messrs. Oscar R. Ewing and William T. Gossett were on the brief, for the Celotex Corporation; Mr. William Piel, Jr. was on a brief for the Flintkote Company; Messrs. Horace R. Lamb and Walter F. Kaufman were on a brief for the Armstrong Cork Company; and Messrs. John B. Faegre, Timothy N. Pfeiffer, Theodore Kiendl, Elmer E. Finck, Henry K. Urion, and Charles W. Briggs were on a brief for the Insulite Company et al. — appellees.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question presented by this case is whether appellees have combined to restrain trade or commerce in violation of §§ 1 and 2 of the Sherman Act. 15 U.S.C. §§ 1, 2, 26 Stat. 209. The bill to enjoin the alleged violations of the Act was dismissed by the District Court (40 F.Supp. 852) on the authority of United States v. General Electric Co...

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