UNITED STATES v. TARPON SPRINGS SPONGE EXCHANGE

No. 10880.

142 F.2d 125 (1944)

UNITED STATES v. TARPON SPRINGS SPONGE EXCHANGE et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 25, 1944.


Attorney(s) appearing for the Case

Philip Marcus and Frank H. Elmore, Jr., Sp. Assts. to the Atty. Gen., and Herbert S. Phillips, U. S. Atty., of Tampa, Fla., for appellant.

Geo. P. Raney, of Tampa, Fla., and Thomas A. Reynolds, of Chicago, Ill., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

The indictment was stricken on a demurrer which contained grounds relating both to its substance and form. The order sustaining the demurrer goes principally, if not wholly, on the insufficiency of the indictment to apprise defendants of the charge against them, or to show how or in what manner they violated the Sherman Act, and is so vague and uncertain as not to enable the defendants to prepare for trial.

The indictment is too long...

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