UNITED STATES v. COLORADO WHOLESALE WINE & LIQUOR DEALERS ASS'N

No. 9514.

47 F.Supp. 160 (1942)

UNITED STATES v. COLORADO WHOLESALE WINE & LIQUOR DEALERS ASS'N, Inc., et al.

District Court, D. Colorado.

October 10, 1942.


Attorney(s) appearing for the Case

James McI. Henderson and George B. Haddock, Sp. Assts. to Atty. Gen., and Sheridan Morgan, Joseph J. Cella, Jr., Donald W. Marshall, and James R. Browning, Sp. Attys., all of Denver, Colo., for plaintiff.

Morris Rifkin, of Denver, Colo., for Colorado Package Liquor Ass'n Inc., and others.

Percy S. Morris and Charles Rosenbaum, both of Denver, Colo., for Hiram Walker, Inc., and others.

Grant, Shafroth & Toll, of Denver, Colo., for Seagram-Distillers Corporation and others.

E. R. Morrison, of Kansas City, Mo., and Charles Rosenbaum, of Denver, Colo., for Waterfill & Frazier Distillery Co. and another.

Robert S. Marx, of Cincinnati, Ohio, and Rothgerber & Appel, of Denver, Colo., for Schenley Distillers Corporation and another.

C. C. Dawson, Jr., Robert G. Bosworth, and Pershing, Bosworth, Dick & Dawson, all of Denver, Colo., for Ben-Burk, Inc., and others.

Robert E. More, M. J. Keegan, and Dines, Dines & Holme, all of Denver, Colo., for Brown Forman Distillers Corporation and another.

Max D. Melville and Ellis, Melville & Winner, all of Denver, Colo., for Glenmore Distilleries Co. and others.

William V. Hodges and Hodges, Vidal & Goree, all of Denver, Colo., for National Distillers Products Corporation and others.

A. G. Gertz and Hellerstein & Gertz, all of Denver, Colo., for D. J. Bielzoff Products Co.

M. O. Edison, of Denver, Colo., for American Distilling Co. and another.

Richard M. Davis and Newton, Davis, Drinkwater & Henry, all of Denver, Colo., for Somerset Importers, Ltd.

Byron G. Rogers, of Denver, Colo., for East-Side Winery and another.

Kenneth W. Robinson, Van Cise, Robinson & Charlton, and Quiat & Cummings, all of Denver, Colo., for Davis Bros., Inc., and others.

Sidney S. Jacobs, of Denver, Colo., for Colorado Beverage Co.

Graham Susman and Quiat & Cummings, all of Denver, Colo., for Colorado Alcohol Co. and others.

Julius Seeman, of Denver, Colo., for George M. Wheat and others.

Edward Miller, of Denver, Colo., for Isadore E. Eber and another.

Frank L. Fetzer, of Denver, Colo., for Earl B. Lewkowitz.


SYMES, District Judge.

The sufficiency of this indictment returned March 12, 1942, is directly raised by numerous motions to quash and demurrers filed by the several defendants. Exhaustive arguments have been had and many briefs filed. Count 1 of the indictment charges a combination and conspiracy to raise, fix and maintain the wholesale price of spirituous liquor and wines. The second count charges a similar combination and conspiracy to raise, fix and maintain the...

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