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MERCER v. UNITED STATES

No. 4725.

61 F.2d 97 (1932)

MERCER v. UNITED STATES

Circuit Court of Appeals, Third Circuit.

August 26, 1932.

Attorney(s) appearing for the Case

J. Franklin Nusbaum and Benjamin M. Golder, both of Philadelphia, Pa., for appellant.

Phillip Forman, U. S. Atty., of Trenton, N. J., John Lord O'Brian, Asst. Atty. Gen., and Israel B. Oseas, of New York City, and William G. Davis and James Lawrence Fly, Sp. Assts. to Atty. Gen.

Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

Michael J. Duffy, Harry R. Mercer, and another, unknown, were indicted on the charge of conspiracy to restrain and monopolize interstate commerce in motortrucking between Philadelphia and New York in violation of the Sherman Anti-Trust Act, 26 Stat. 209, §§ 1, 2 (15 USCA §§ 1, 2). The indictment contains two counts; the first charging the defendants with conspiracy to restrain interstate commerce, and the second charging...

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