UNITED STATES v. LUMBER INSTITUTE

No. 10529.

35 F.Supp. 191 (1940)

UNITED STATES v. LUMBER INSTITUTE OF ALLEGHENY COUNTY et al.

District Court, W. D. Pennsylvania.

July 30, 1940.


Attorney(s) appearing for the Case

Geo. Mashank, Acting U. S. Atty., of Pittsburgh, Pa., and M. Neil Andrews, R. McDonald Gray, and Irving I. Axelrad, Sp. Assts. to Atty. Gen., for the United States.

Reed, Smith, Shaw & McClay, Chas. Denby, Jr., and Elder W. Marshall, all of Pittsburgh, Pa., for Lumber Institute of Allegheny County, Inc., and others.

Wright & Rundle, of Pittsburgh, Pa., for T. J. Ingram.

McCrady, McClure, Nicklas & Hirschfield, of Pittsburgh, Pa., for Howard McCrady and others.

Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., for E. A. Diebold and others.

R. J. Esler, of Pittsburgh, Pa., for Atlas Lumber & Supply Co., Inc.

W. O. Maclean, of Pittsburgh, Pa., for Keystone Lumber Co.

Frank S. Delp, of Pittsburgh, Pa., for R. D. Hoag and another.

Duff, Scott & Smith and S. L. Fuss, all of Pittsburgh, Pa., for S. A. Johns.

Patterson, Crawford, Arensberg & Dunn and Robt. Ferguson, all of Pittsburgh, Pa., for Master Builders Ass'n and another.

J. P. Fife and Thos. E. Whitten, both of Pittsburgh, Pa., for Wm. L. Hutcheson and others.

Chas. H. Tuttle, of New York City, and Jos. O. Carson, of Indianapolis, Ind., for other defendants.


SCHOONMAKER, District Judge.

The several defendants in this case other than the Master Builders' Association of Allegheny County, have filed separate demurrers to the indictment in this case, on the ground that the facts alleged in the indictment do not constitute a violation of the laws of the United States.

The indictment contains two counts: (1) charging the defendants with unlawful conspiracy in restraint of trade and commerce in millwork among the several...

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