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STATE v. RETAIL GASOLINE DEALERS ASSO.

256 Wis. 537 (1950)

STATE, Respondent, vs. RETAIL GASOLINE DEALERS ASSOCIATION OF MILWAUKEE, INC., and others, Appellants.

Supreme Court of Wisconsin.

March 7, 1950.

Attorney(s) appearing for the Case

John C. McBride, attorney, and Ralph J.Drought of counsel, both of Milwaukee, for the appellants.

For the respondent there were briefs by the Attorney General, Leonard Bessman, assistant attorney general, and William J. McCauley, district attorney of Milwaukee county, and oral argument by Mr. Bessman.

A brief was also filed by W. H. Bender, Bender, Trump & McIntyre of Milwaukee; Richard N. Hunter, Lowry & Hunter of Waukesha; Howard Neitzert, Sidley, Austin, Burgess & Smith of Chicago, Illinois; Steven E. Keane, Miller, Mack & Fairchild of Milwaukee; John T. Chadwell, Victor P. Kayser, Snyder, Chadwell & Fagerburg of Chicago, Illinois; Clifford A. Randall, Zimmers, Randall & Zimmers of Milwaukee; Edwin J. Gross of Milwaukee; Clarence D. Steinhilber, Kleczka & Steinhilber of Milwaukee; Delbert H. Schmahl of Milwaukee; Elmer A. Kletzien of Menomonee Falls; Raymond J. Moore of Milwaukee; John H. Regan of Milwaukee; and T. Fred Baker of Milwaukee, as amici curiae.

BROWN, J.

An examination of the evidence is convincing that the individual and corporate defendants unlawfully combined and conspired to fix the retail price of gasoline in Milwaukee county contrary to the provisions of sec. 133.01, Stats., and did in fact fix the price thereof. The principal acts were performed by Louis M. Faber, executive secretary of the defendant association, as a part of his job, under the direction...

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