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MONTROSE LUMBER CO. v. UNITED STATES

Nos. 2356-2361, 2368, 2369.

124 F.2d 573 (1941)

MONTROSE LUMBER CO. v. UNITED STATES and seven other cases.

Circuit Court of Appeals, Tenth Circuit.

December 31, 1941.

Attorney(s) appearing for the Case

Thomas K. Younge, of Grand Junction, Colo. (J. P. Helman, of Grand Junction, Colo., on the briefs), for Montrose Lumber Co., Independent Lumber Co., Arthur H. Biggs, W. C. Kurtz, Grand Mesa Lumber Co., and Frank A. Rice, appellants.

Clyde C. Dawson, Jr., of Denver, Colo. (Pershing, Bosworth, Dick & Dawson, of Denver, Colo., on the brief), for Diamond Lumber & Hardware Co. and Bill Aldrich, appellants.

James C. Wilson, Sp. Asst. to Atty. Gen. (James McI. Henderson and John W. Porter, Sp. Assts. to Atty. Gen., Robert C. Barnard, of Washington, D. C., Henry H. Foster, Jr., Joseph J. Cella, Jr., and James R. Browning, all of Denver, Colo., Thurman Arnold, Asst. Atty. Gen., and Thomas J. Morrissey, U. S. Atty., of Denver, Colo., on the briefs), for the United States.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Numbers 2356, 2357, 2358, 2359, 2360, and 2361.

An indictment containing two counts was returned against the appellants in causes Nos. 2356 to 2361, inclusive. The first count charged a conspiracy to restrain trade and commerce in violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The second count charged a conspiracy to monopolize trade and commerce in violation of § 2 of the Sherman Act, 15 U.S.C.A. § 2....

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