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UNITED STATES v. A. P. WOODSON COMPANY

Cr. No. 375-61.

198 F.Supp. 582 (1961)

UNITED STATES of America v. A. P. WOODSON COMPANY, District Building Supply Company, Eckington Building Supply Company, Hudson Supply & Equipment Company, Potomac Builders Supply Company, R. Robinson, Inc., the Cushwa Brick and Building Supply Company, the United Clay Products Company, Nelson Woodson, Joseph Hill, Warren S. Gruber, Joseph H. Deckman, Jack A. Richardson and John Cissel.

United States District Court District of Columbia.

September 21, 1961.

Attorney(s) appearing for the Case

Wilford L. Whitley, Jr., Bruce L. Montgomery, Dept. of Justice, Washington, D. C., for plaintiff.

John J. Wilson, Paul Interdonato, Richard T. Conway, Lawrence J. Latto, William Dempsey, Francis M. Shea, George P. Lamb, Carrington Shields, E. T. Simpson, Francis J. Kelly, Richard Nicolaides, Washington, D. C., for defendants.

McLAUGHLIN, District Judge.

The individual defendants move to dismiss the indictment returned against them under Section 3 of the Sherman Act, 15 U.S.C.A. § 3, and ground their motion on the premise that the Sherman Act applies to corporate officials acting in their individual capacities, whereas the acts with which the defendants are charged are, as admitted by the Government, acts of the defendants as corporate officials performed in their representative capacities...

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