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CONTINENTAL BAKING COMPANY v. UNITED STATES

Nos. 13865-13867.

281 F.2d 137 (1960)

CONTINENTAL BAKING COMPANY, Appellant, v. UNITED STATES of America, Appellee. AMERICAN BAKERIES COMPANY, Appellant, v. UNITED STATES of America, Appellee. COLONIAL BAKING COMPANY OF MEMPHIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

July 18, 1960.

Attorney(s) appearing for the Case

A. Longstreet Heiskell, C. P. J. Mooney, John M. Heiskell, Memphis, Tenn., for appellants.

Ramsay Wall, Shepherd, Heiskell, Williams, Beal & Wall, Memphis, Tenn., Roy M. Anderson, and George Faunce, Jr., Rye, N. Y., on the brief, for appellant Continental Baking Co.

C. P. J. Mooney, Memphis, Tenn., on the brief, for appellant American Bakeries Co.

J. Clyde Mason, Canale, Glankler, Montedonico, Boone & Loch, Memphis, Tenn., on the brief, for appellant Colonial Baking Co.

Earl A. Jinkinson and Raymond D. Hunter, Dept. of Justice, Anti-Trust Division, Chicago, Ill. (Raymond P. Hernacki and Richard A. Solomon, Dept. of Justice, Anti-Trust Division, Washington, D. C., and Rives A. Manker, U. S. Atty., Memphis, Tenn., on the brief), for appellee.

Before CECIL and WEICK, Circuit Judges, and KENT, District Judge.

WEICK, Circuit Judge.

On May 7, 1958 an indictment was returned against the Continental Baking Company, American Bakeries Company, Hart's Baking, Inc., and Colonial Baking Co. of Memphis charging them in one count with violation of Section 1 of the Sherman Act (15 U.S.C.A. § 1). The nature of the offense charged was a continuing conspiracy for many years resulting in the fixing and stabilization of uniform and non-competitive prices of bakery products in the...

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