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QUALITY EGG SHIPPERS v. UNITED STATES

Nos. 14892, 14893.

212 F.2d 417 (1954)

QUALITY EGG SHIPPERS, Inc. v. UNITED STATES. GROSS v. UNITED STATES.

United States Court of Appeals, Eighth Circuit.

April 23, 1954.

Attorney(s) appearing for the Case

Wiley E. Mayne, Sioux City, Iowa (Jesse E. Marshall, Sioux City, Iowa, Irving M. Wolff, Miami, Fla., on the brief; Shull & Marshall, Sioux City, Iowa, of counsel), for appellants.

F. E. Van Alstine, U. S. Atty., Sioux City, Iowa (Richard W. Beebe, Asst. U. S. Atty., Sioux City, Iowa, on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Quality Egg Shippers, a corporation, and Herman Gross were convicted of violating Section 491, Title 7, U.S.C.A. and appeal.

David Schiller had, for a considerable time prior to July, 1951, been selling eggs in Florida for Richard Swalve, doing business with his brother as the Swalve Produce Co., located at George, Iowa. In the latter part of July, 1951, Schiller and the defendant Gross went to George, Iowa, and made an oral agreement...

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