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GEORGIA v. EVANS

No. 872.

316 U.S. 159 (1942)

GEORGIA v. EVANS ET AL.

Supreme Court of United States.

Decided April 27, 1942.

Attorney(s) appearing for the Case

Mr. Ellis G. Arnall, Attorney General of Georgia, with whom Mr. E.J. Clower, Assistant Attorney General, was on the brief, for petitioner.

Mr. Edwin W. Moise, with whom Messrs. Hal Lindsay, Felix T. Smith, B.B. Taylor, Barry Wright, Donald R. Richberg, R.L. Wagner, C.S. Gentry, and Marion Smith were on the brief, for respondents.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Complaining that the respondents had combined to fix prices and suppress competition in the sale of asphalt in violation of the Sherman Law, the State of Georgia, which each year purchases large quantities of asphalt for use in the construction of public roads, brought this suit to recover treble damages under § 7 of that Act, 26 Stat. 209, 210; 15 U.S.C. § 15. According to that section, "Any person...

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