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UNITED STATES v. BRIMS

No. 212.

272 U.S. 549 (1926)

UNITED STATES v. BRIMS ET AL.

Supreme Court of United States.

Decided November 23, 1926.

Attorney(s) appearing for the Case

Assistant to the Attorney General Donovan, with whom Solicitor General Mitchell and Messrs. Rush H. Williamson and William D. Whitney, Special Assistants to the Attorney General, were on the brief, for the United States.

Mr. Charles Maitland Beattie, with whom Messrs. Joseph O. Carson and Robert R. Nevin were on the brief, for Brims and other respondents designated as Union Defendants.

Messrs. Robert W. Childs and Albert Fink for the respondents designated as Millmen Defendants, submitted.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Respondents were charged with engaging in a combination and conspiracy to restrain interstate trade and commerce contrary to inhibitions of the Sherman Act, c. 647, 26 Stat. 209, and were found guilty by a jury. The Circuit Court of Appeals reviewed and reversed the judgment of conviction upon the sole ground of fatal variance between allegation and proof, or failure...

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