UNITED STATES v. NEW YORK GREAT A. & PACIFIC TEA CO.

No. 10603.

137 F.2d 459 (1943)

UNITED STATES v. NEW YORK GREAT ATLANTIC & PACIFIC TEA CO., Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 1, 1943.


Attorney(s) appearing for the Case

Robert C. Barnard and Horace L. Flurry, Sp. Assts. to Atty. Gen., and Earl A. Jinkinson, Sp. Atty. Dept. of Justice, and Charles S. Brewton, Jr., Sp. Atty., all of Dallas, Tex., for appellant.

John N. Touchstone and Geo. S. Wright, both of Dallas, Tex., Brien McMahon, of Washington, D. C., and Caruthers Ewing, of New York City, for appellees.

Before HUTCHESON and WALLER, Circuit Judges, and COX, District Judge.


HUTCHESON, Circuit Judge.

The indictment brought under Sections 1 and 2 of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1, 2,1 was in two counts. The first charged a continuing conspiracy to unreasonably restrain interstate trade and commerce in food and food products among the several states. The second charged a continuing conspiracy to monopolize a part of the interstate trade and commerce among the several states in such food...

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