AMERICAN MEDICAL ASS'N v. UNITED STATES

Nos. 7929, 7930.

130 F.2d 233 (1942)

AMERICAN MEDICAL ASS'N v. UNITED STATES. MEDICAL SOC. OF DISTRICT OF COLUMBIA v. SAME.

United States Court of Appeals for the District of Columbia.

As Amended September 21, 1942.

Writ of Certiorari Granted in Part October 12, 1942.


Attorney(s) appearing for the Case

Messrs. Seth W. Richardson and William E. Leahy, both of Washington, D. C., with whom Messrs. Edward M. Burke, of Chicago, Ill., and Charles S. Baker, and Warren E. Magee, both of Washington, D. C., were on the brief, for appellant in each case.

Messrs. John Henry Lewin and Grant W. Kelleher, Special Assistants to the Attorney General, with whom Thurman W. Arnold, Assistant Attorney General, and Messrs. E. Compton Timberlake and Walton S. Allen, both of Washington, D. C., were on the brief, for appellee in each case.

Mr. Edward M. Curran, United States Attorney, of Washington, D.C., also entered an appearance for appellee in each case.

Before MILLER, RUTLEDGE and MARTIN, Associate Justices.


Writ of Certiorari Granted in Part October 12, 1942. See ___ U.S. ___, 63 S.Ct. 44, 87 L.Ed. ___.

MILLER, Associate Justice.

In United States v. American Medical Association,1 we held that the term "in restraint of trade" as used in Section 3 of the Sherman Act, 15 U.S.C.A. § 3, had its genesis in the common law; that the practice of medicine was recognized by the English cases as constituting trade; that a restraint imposed...

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