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BURROUGHS BLDG. MATERIAL CO. v. COM'R OF INTERNAL REVENUE

No. 8.

47 F.2d 178 (1931)

BURROUGHS BLDG. MATERIAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Donald Horne, of New York City (Louis J. Felstiner, of New York City, of counsel), for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and Morton Poe Fisher, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Frank M. Thompson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The petitioner is a New York corporation which was engaged in dealing in and selling masons' building material to contractors and builders during the year 1921. It entered into an agreement with other dealers to fix the prices at which building materials were to be sold to contractors and builders. For participation in this price-fixing agreement, the petitioner, on February 9, 1921, was indicted for violation of section 341 of the...

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