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UNITED STATES v. MARYLAND STATE LICENSED BEV. ASS'N

No. 7189.

240 F.2d 420 (1957)

UNITED STATES of America, Appellant, v. MARYLAND STATE LICENSED BEVERAGE ASSOCIATION, Inc., et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 3, 1957.

Attorney(s) appearing for the Case

Gordon B. Spivack, Atty., Dept. of Justice, Washington, D. C. (Victor R. Hansen, Asst. Atty. Gen., and Horace L. Flurry, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

John Henry Lewin, Baltimore, Md. (David C. Green, G. C. A. Anderson, Everett L. Buckmaster, Charles Mindel, Robert E. Coughlan, Jr., Eugene M. Feinblatt, Baltimore, Md., John R. Fitzpatrick, F. Joseph Donohue, Washington, D. C., Hilary W. Gans, Edwin Harlan, Isaac Hecht, Louis Hoffman, Ellis Levin, Zanvyl Krieger, Baltimore, Md., William D. Macmillan, Pasadena, Md., David R. Owen, George D. Hubbard, William L. Marbury, John W. Hardwicke, Read A. McCaffrey, C. Gordon Haines, Morris Rosenberg, Baltimore, Md., Hugh B. Cox, James C. McKay, Washington, D. C., and Stanley H. Wilen, Baltimore, Md., on the brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and HOFFMAN, District Judge.

PARKER, Chief Judge.

This is an appeal by the United States in a prosecution under the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note, from an order requiring the government to elect whether it would proceed under the first or second count of the indictment, and when it elected to proceed under the first, dismissing the second count. Appellees have moved to dismiss the appeal or transfer it for hearing to the Supreme...

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