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UNIVERSAL MILK BOTTLE SERVICE v. UNITED STATES

No. 11180.

188 F.2d 959 (1951)

UNIVERSAL MILK BOTTLE SERVICE, Inc. et al. v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

April 4, 1951.

Attorney(s) appearing for the Case

Robert N. Gorman, Cincinnati, Ohio, for Universal Milk Bottle Service and others.

Robert S. Marx and John J. Luhrman, Cincinnati, Ohio, for Mathews-Frechtling Dairy Co.

Orville A. Troy, Harry Kasfir, and Kenneth D. Troy, all of Cincinnati, Ohio, for Co-Operative Pure Milk Asso.

Robert G. McIntosh, Cincinnati, Ohio, for Cedar Hill Farms, Inc.

Michael Lacinak, Cincinnati, Ohio, for J. H. Berling's Dairy Products Co.

H. G. Morison, J. Roger Wollenberg, and Robert H. Winn, Washington, D. C. and Ray J. O'Donnell, Frank Richter, Cincinnati, Ohio, on the brief, for appellee.

Before MARTIN, McALLISTER, and MILLER, Circuit Judges.

PER CURIAM.

On September 24, 1948, an indictment was returned against appellants, charging them with a conspiracy to raise, fix, and maintain prices for the sale of milk, in violation of Section 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C.A. § 1 et seq. The facts alleged in the indictment set forth that the Cincinnati Area, here in question, has a population in excess of 650,000 persons, who annually consume more than 175,000,000 pounds of milk,...

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