UNITED STATES v. BORDEN CO.

No. 397.

308 U.S. 188 (1939)

UNITED STATES v. BORDEN COMPANY ET AL.

Supreme Court of United States.

Decided December 4, 1939.


Attorney(s) appearing for the Case

Assistant Attorney General Arnold, with whom Solicitor General Jackson and Messrs. Hugh B. Cox, Leo F. Tierney, Robert K. McConnaughey, Maurice L.A. Gellis, and William J. Campbell were on the brief, for the United States.

Mr. Loy N. McIntosh, with whom Messrs. Bernhardt Frank and Frederick Secord were on the brief, for Sidney Wanzer & Sons, Inc. et al.; Mr. William C. Graves, with whom Messrs. Edward J. Hennessy and Martin Burns were on the brief, for Pure Milk Assn. et al.; Mr. Joseph A. Padway, with whom Mr. Abraham W. Brussell was on the brief, for Robert G. Fitchie et al.; Mr. Frederic Burnham, with whom Messrs. Miles G. Seeley, Louis E. Hart, Irving Herriott, and Isidore Fried were on the brief, for The Borden Co. et al.; Mr. Daniel D. Carmell submitted for Leslie G. Goudie; Messrs. Charles S. Deneen, Roy Massena, and Donald N. Schaffer submitted for Hunding Dairy Co. et al.; Messrs. Ben H. Matthews and James P. Dillie submitted for Leland Spencer; Mr. Louis M. Mantynband submitted for Western United Dairy Co. et al.; and Messrs. Ben H. Matthews, Harry J. Dunbaugh, and James P. Dillie were on a brief for Associated Milk Dealers, Inc. et al., — appellees.


MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The Government appeals from a judgment of the District Court sustaining demurrers and dismissing an indictment charging combination and conspiracy in violation of § 1 of the Sherman Anti-Trust Act. 28 F.Supp. 177.

The trade and commerce alleged to be involved is the transportation to the Chicago market of fluid...

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