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UNITED STATES v. SPENCER KELLOGG & SONS

12 F.2d 612 (1926)

UNITED STATES v. SPENCER KELLOGG & SONS, Inc. SAME v. GREAT EASTERN ELEVATOR CORPORATION et al. SAME v. BUFFALO ELEVATING CO. et al.

District Court, W. D. New York.

May 7, 1926.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (E. B. Collins, Sp. Asst. U. S. Atty., and John J. Hickey, Interstate Commerce Commission Atty., both of Washington, D. C., of counsel), for the United States.

Lewis & Carroll, of Buffalo, N. Y. (William C. Carroll, of Buffalo, N. Y., of counsel), for Spencer Kellogg & Sons, Inc.

Locke, Babcock, Hollister & Brown, of Buffalo, N. Y., for Buffalo Elevating Co. and Western Elevating Association, Inc., and Great Eastern Elevator Corporation.

HAZEL, District Judge.

General demurrers to the separate indictments — Nos. 6442 against Spencer Kellogg & Sons, Inc., 6443 against Great Eastern Elevator Corporation and Western Elevating Association, Inc., and 6444 against Buffalo Elevating Company and Western Elevating Association, Inc. — have been argued together, and as substantially the same grounds for dismissal of the indictments are presented, a single opinion in their determination will...

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