UNITED STATES v. BITZ

No. 364, Docket 26233.

282 F.2d 465 (1960)

UNITED STATES of America, Appellant, v. Irving BITZ et al., Appellees.

United States Court of Appeals Second Circuit.

Decided August 26, 1960.


Attorney(s) appearing for the Case

Robert A. Bicks, Acting Asst. Atty. Gen., Richard B. O'Donnell, Chief, New York Office, Antitrust Division, New York City, Richard A. Solomon, Richard H. Stern, Washington, D. C., Harry Sklarsky, New York City, Attys., Dept. of Justice, for appellant.

Asher W. Schwartz, New York City (Asher W. Schwartz and Edith Lowenstein, New York City, of counsel), for appellee Stanley J. Lehman.

Waldman & Waldman, New York City (Louis Waldman, Louis Haimoff and Seymour Waldman, New York City, of counsel), for appellees Bi-County News Corp., William Fello and Rocco Fello.

Sylvester & Haimoff, New York City (Louis Waldman, Louis Haimoff, and Seymour Waldman, New York City, of counsel), for appellee Charles Gordon.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.


HAMLIN, Circuit Judge.

This is an appeal from a decision of the District Court for the Southern District of New York dismissing Count 1 of a six-count indictment filed therein on January 23, 1959.1 Count 1 charges eleven individuals defendants and one corporate defendant with engaging in an unlawful combination and conspiracy in restraint of interstate trade and commerce in the wholesale distribution and sale of newspapers and magazines...

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