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UNITED STATES v. ERIE COUNTY MALT BEVERAGE DIST. ASS'N

No. 12627.

264 F.2d 731 (1959)

UNITED STATES of America v. ERIE COUNTY MALT BEVERAGE DISTRIBUTORS ASSOCIATION, Erie County I. D. Malt Beverage Association, Also Known as Erie County Importing Malt Beverage Distributors Association, Kahkwa Beer Company, George B. Barber, Robert E. Carney, Ralph A. Deck, Anthony D. Marinelli, Harold J. Mulvihill and Louis Sawicki; George B. Barber, Appellant.

United States Court of Appeals Third Circuit.

Decided March 18, 1959.

Attorney(s) appearing for the Case

Thomas W. Barber, Erie, Pa. (Joseph C. Barber, Erie, Pa., William Austin Meehan (of Meehan, Neil & Richette), Philadelphia, Pa., on the brief), for appellant.

William L. Maher, Antitrust Division, Dept. of Justice, Philadelphia, Pa. (Victor R. Hansen, Asst. Atty. Gen., Donald G. Balthis, Morton M. Fine, John E. Sarbaugh, James P. Tofani, Attys. Dept. of Justice, Antitrust Division, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

George B. Barber, the defendant-appellant, together with others as named in the caption, was indicted on March 19, 1956 for a violation of Section 1 of the Sherman Act, 15 U.S.C.A. § 1. The United States asserts that the defendants have engaged in a conspiracy to suppress and eliminate competition in the sale of malt beverages to home consumers in Erie County, Pennsylvania, by fixing case lot prices...

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