MR. JUSTICE HOLMES delivered the opinion of the court.
This is an indictment in two counts — the first for a conspiracy in restraint of trade, the second for a conspiracy to monopolize trade, contrary to the act of July 2, 1890, c. 647, 26 Stat. 209, commonly known as the Sherman Act. Originally there was a third count for monopolizing, but it was held bad on demurrer and was struck out.
The allegations of fact in the two counts are alike. Summed up...
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