ROCHE v. EVAPORATED MILK ASSN.

No. 584.

319 U.S. 21 (1943)

ROCHE, U.S. DISTRICT JUDGE, ET AL. v. EVAPORATED MILK ASSOCIATION ET AL.

Supreme Court of United States.

Decided May 3, 1943.


Attorney(s) appearing for the Case

Mr. Paul A. Freund argued the cause, and Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Charles H. Weston, Kenneth L. Kimble, and Robert L. Stern were on the brief, for petitioners.

Mr. Francis R. Kirkham, with whom Messrs. Marshall P. Madison, Herbert W. Clark, Arthur B. Dunne, U.S. Webb, Maurice E. Harrison, Willis I. Morrison, Joseph A. Murphy, and Nat Brown were on the brief, for respondents.


MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

The question for decision is whether the Circuit Court of Appeals below rightly issued its writ of mandamus to the district court to correct that court's alleged error in striking respondent's pleas in abatement to a criminal indictment.

An indictment returned in June, 1941, by the grand jury sitting in the district court for Southern California, charged respondents and others with conspiracy to fix...

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