UNITED STATES v. DURKEE FAMOUS FOODS

No. 2681-B.

17 F.Supp. 846 (1937)

UNITED STATES v. DURKEE FAMOUS FOODS, Inc.

District Court, D. New Jersey.

January 14, 1937.


Attorney(s) appearing for the Case

Harlan Besson, U. S. Atty., of Trenton, N. J., and Daniel H. Kunkel, Sp. Asst. U. S. Atty., and Burt L. Smelker, both of Washington, D. C., Atty., Interstate Commerce Commission.

Roger Hinds, of New York City, for Durkee Famous Foods, Inc.


FAKE, District Judge.

The indictment here is intended to charge an offense against the provisions of section 1 of the Elkins Act, as amended, section 41, title 49 U.S.C.A. The gist of the issue before me resides in the allegation in the indictment that the defendant "through a device aforesaid, unlawfully did knowingly solicit, accept and receive a concession and discrimination in respect to interstate transportation of property * * * whereby said property was transported...

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