No. 197.

229 U.S. 373 (1913)


Supreme Court of United States.

Decided June 9, 1913.

Attorney(s) appearing for the Case

Mr. Samuel B. Adams and Mr. John C. Spooner, with whom Mr. George Rublee was on the brief, for petitioners.

Mr. Assistant to The Attorney General Fowler, with whom Mr. Alexander Akerman, United States Attorney, was on the brief, for the United States.

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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