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UNITED STATES v. CONTINENTAL GROUP, INC.

Nos. 78-2328 and 78-2330 to 78-2332.

603 F.2d 444 (1979)

UNITED STATES of America v. CONTINENTAL GROUP, INC., Appellant in No. 78-2328. UNITED STATES v. CHASE BAG COMPANY, Appellant in No. 78-2330. UNITED STATES v. COOPER, James K., Appellant in No. 78-2331. UNITED STATES v. RUE, Harrison B., Appellant in No. 78-2332.

United States Court of Appeals, Third Circuit.

Decided July 20, 1979.

As Amended August 28, 1979.

Attorney(s) appearing for the Case

Patrick T. Ryan (argued), William J. Lehane, Wilson M. Brown, III, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant Continental Group, Inc.

Henry T. Reath (argued), Michael M. Baylson, Peter J. Hoffman, Alexis J. Anderson, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant Chase Bag Company.

H. Francis DeLone (argued), Mark A. Klugheit, Barbara P. Ianacone, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant James K. Cooper.

Robert W. Sayre (argued), James G. Rosenberg, Stephen S. Aichele, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for appellant Harrison B. Rue.

John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Daniel J. Conway, Andrea Limmer (argued), Dept. of Justice, Washington, D. C., Walter L. Devany, Morton M. Fine, Donald C. Klawiter, James A. Backstrom, Jr., Dept. of Justice, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

On October 29, 1976, a grand jury in the Eastern District of Pennsylvania returned a one-count indictment charging five corporations and seven individuals with conspiring "to raise, fix, maintain and stabilize the prices and terms and conditions of sale of consumer bags" in violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The indicted corporations were Continental Group, Inc. (Continental), American...

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