UNITED STATES v. LINE MATERIAL CO.

No. 11715.

202 F.2d 929 (1953)

UNITED STATES v. LINE MATERIAL CO.

United States Court of Appeals Sixth Circuit.

March 24, 1953.


Attorney(s) appearing for the Case

George W. Wise, Washington, D. C. (George W. Wise, Trial Atty., Washington, D. C., Newell A. Clapp, Acting Asst. Atty. Gen., and Donald P. McHugh, Washington, D. C., and Robert B. Hummel, Cleveland, Ohio, on the brief), for appellant.

Richard F. Stevens, Cleveland, Ohio, and Clark J. A. Hazelwood, Milwaukee, Wis. (C. J. A. Hazelwood, Milwaukee, Wis., and Howard F. Burns, Richard F. Stevens and John H. Kellogg, Jr., Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

The single issue presented by this appeal is whether a Delaware corporation indicted by the government for violations of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 17, 15 note, but dissolved in good faith by merger under applicable Delaware law, is entitled to have the criminal proceedings against it abated. The district judge decided the question in the affirmative and the United States appeals.

The appellee and others were...

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