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UNITED STATES v. AMERICAN TOBACCO CO.

Nos. 118, 119.

221 U.S. 106 (1911)

UNITED STATES OF AMERICA v. AMERICAN TOBACCO COMPANY. AMERICAN TOBACCO COMPANY v. UNITED STATES OF AMERICA.

Supreme Court of United States.

Restored for reargument April 11, 1910.

Reargued January 9, 10, 11, 12, 1911.

Decided May 29, 1911.

Attorney(s) appearing for the Case

The Attorney General and Mr. James C. McReynolds for the United States.

Mr. John G. Johnson, Mr. DeLancey Nicoll and Mr. Junius Parker, with whom Mr. William J. Wallace and Mr. W.W. Fuller were on the brief, Mr. William M. Ivins also filing a brief, for the American Tobacco Company and all the other defendants except the Imperial Tobacco Company (of Great Britain and Ireland), Limited, United Cigar Stores Company and R.P. Richardson, Jr., & Co., Inc..

Mr. William B. Hornblower, with whom Mr. John Pickrell, Mr. William W. Miller, and Mr. Morgan M. Mann, were on the brief for appellee, the Imperial Tobacco Company.

Mr. Sol M. Stroock for the United Cigar Stores Company.

Mr. Charles R. Carruth, Mr. Charles J. McDermott, Mr. C.B. Watson, Mr. James T. Morehead and Mr. A.J. Burton for R.P. Richardson, Jr., & Company, Inc., appellee, submitted.

Mr. W. Bourke Cockran, by leave of the court, submitted a brief as amicus curiae.

Mr. Thomas Thacher and Mr. J. Parker Kirlin, by leave of the court, submitted a brief as amici curiae on certain questions common to this case and other pending causes.

Restored to docket for reargument April 11, 1910.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

This suit was commenced on July 19, 1907, by the United States, to prevent the continuance of alleged violations of the first and second sections of the Anti-trust Act of July 2, 1890. The defendants were twenty-nine individuals, named in the margin,1 sixty-five American

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