UNITED STATES v. NEW YORK GREAT ATLANTIC & PACIFIC T. CO.

Cr. 10512.

52 F.Supp. 681 (1943)

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

District Court, N. D. Texas, Dallas Division.

December 11, 1943.


Attorney(s) appearing for the Case

Caruthers Ewing, of New York City, and John N. Touchstone and George S. Wright, both of Dallas, Tex., for the motions.

Horace L. Flurry, Sp. Asst. to Atty. Gen., and Earl A. Jinkinson, both of Dallas, Tex., for the United States.


ATWELL, District Judge.

On November 25, 1942, the indictment was returned. It contains thirty-four pages and has two counts.

On February 13, 1943, demurrers and dilatory pleas were presented.

After argument and consideration, I rendered an oral opinion which sustained certain objections and dismissed the bill.

The Circuit Court of Appeals, in 137 F.2d 459, 462, by a divided court, reversed that action as to...

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