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UNITED STATES v. CHRYSLER CORPORATION, ETC.

No. 12236.

180 F.2d 557 (1950)

UNITED STATES v. CHRYSLER CORPORATION PARTS WHOLESALERS, NORTHWEST REGION et al.

United States Court of Appeals Ninth Circuit.

March 1, 1950.

Attorney(s) appearing for the Case

Herbert A. Bergson, Assistant Atty. Gen., J. Charles Dennis, U.S. Atty., Seattle, Wash., Charles L. Whittinghill, Sp. Asst. to Atty. Gen., Richard E. Guggenheim, Joe F. Nowlin, Aute L. Carr, John P. Kelly, Atty., Dept. of Justice, Washington, D. C., for appellant.

Bogle, Bogle & Cates, Robert W. Graham, J. Tyler Hull, Seattle, Wash., for appellees, Commercial Automotive Service, F. L. Hawkins and C. J. Brush.

Eggerman, Rosling & Williams, Edward L. Rosling and Robert G. Moch, Seattle, Wash., for appellees S. L. Savidge, Inc., W. G. Powell and John Munster.

Eisenhower, Hunter & Ramsdell, Tacoma, Wash., for appellees, Winthrop Motor Co., G. W. Miller and Stanley Peterson.

Ferguson, Burdell & Armstrong, Seattle, Wash., for appellees Chrysler Corp. Parts Wholesalers and MoPar Club.

Randall & Danskin, C. D. Randall, Spokane, Wash., for appellees Riegel Brothers, D. R. Riegel and T. H. Naismith.

Tracy Griffin and Kenneth Short, Seattle, Wash., for appellees, American Automobile Co., S. Sayres and R. W. Hanson.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

ORR, Circuit Judge.

An indictment was returned in the United States District Court for the Western District of Washington purporting to charge appellees with conspiring to violate the Sherman Act, 15 U.S.C.A. § 1. Appellees moved in the trial court to dismiss on the ground that no criminal offense was alleged in that the indictment failed to state a conspiracy in restraint of trade either "in" interstate commerce or "affecting" interstate commerce. The trial...

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