UNITED STATES v. MARYLAND & VIRGINIA MILK PRO. ASS'N

No. 10045.

179 F.2d 426 (1949)

UNITED STATES v. MARYLAND & VIRGINIA MILK PRODUCERS ASS'N, Inc., et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 17, 1949.

Writ of Certiorari Denied October 10, 1949.


Attorney(s) appearing for the Case

Mr. Herbert A. Bergson, Assistant Attorney General, for appellant.

Mr. George Morris Fay, United States Attorney, Washington, D. C., also entered an appearance for appellant.

Mr. William E. Leahy, Washington, D. C., with whom Messrs. Elwood H. Seal, William J. Hughes, Jr., Washington, D. C., and Robert R. Smyers, were on the brief, for appellees Maryland & Virginia Milk Producer's Ass'n, Inc., and B. B. Derrick.

Mr. Arthur B. Hanson, Washington, D. C., with whom Mr. Elisha Hanson, Washington, D. C., was on the brief, for appellee Safeway Stores, Inc.

Messrs. Roger J. Whiteford, John J. Wilson, and Jo V. Morgan, Jr., Washington, D. C., were on the brief for appellee Chestnut Farms-Chevy Chase Dairy Co.

Mr. Samuel O. Clark, Jr., Washington, D. C., was on the brief for appellee Thompson's Dairy, Inc.

Messrs. Raymond Sparks and Wm. V. T. Justis, Washington, D. C., also entered appearances for appellee Thompson's Dairy, Inc.

Mr. W. Gwynn Gardiner, Washington, D. C., was on the brief for appellee Richfield Dairy Corporation.

Messrs. James M. Earnest, Washington, D. C., and Edgar A. Wren, also entered appearances for appellee Richfield Dairy Corporation.

Mr. John F. Hillyard, Washington, D. C., was on the brief for appellee Simpson Bros., Inc., t/a Wakefield Dairy.

Mr. William Blum, Jr., Washington, D. C., was on the brief for appellee Alexandria Dairy.

Mr. Ralph W. Powers, Washington, D. C., was on the brief for appellee Harvey Dairy, Inc.

Messrs. Marion R. Garstang and Harry J. Scharnikow were on the brief for the National Cooperative Milk Producers Federation as amicus curiae.

Before EDGERTON and WILBUR K. MILLER, Circuit Judges, and JAMES W. MORRIS, District Judge sitting by designation.


Writ of Certiorari Denied October 10, 1949. See 70 S.Ct. 72.

EDGERTON, Circuit Judge.

The government appeals from an order dismissing an indictment charging conspiracy to restrain trade in milk and milk products in the District of Columbia, and between the District and adjoining States, in violation of Sec. 3 of the Sherman Act, 26 Stat. 209, 15 U.S.C.A. § 3. The government first appealed directly to the Supreme Court, which remanded the case to this...

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