UNITED STATES v. WOODSON

Nos. 16750, 16763-16767.

302 F.2d 459 (1962)

UNITED STATES of America, Appellant, v. Nelson WOODSON, Appellee. UNITED STATES of America, Appellant, v. Joseph HILL, Appellee. UNITED STATES of America, Appellant, v. Warren S. GRUBER, Appellee. UNITED STATES of America, Appellant, v. Joseph H. DECKMAN, Appellee. UNITED STATES of America, Appellant, v. Jack A. RICHARDSON, Appellee. UNITED STATES of America, Appellant, v. John CISSEL, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1962.

As Amended June 1, 1962.


Attorney(s) appearing for the Case

Mr. Patrick M. Ryan, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Richard A. Solomon, Atty., Dept. of Justice, was on the brief, for appellant in each case. Mr. Irwin A. Seibel, Atty., Dept. of Justice, also entered an appearance for appellant in each case. Mr. Sidney Harris, Atty., Dept. of Justice, also entered an appearance for appellant in No. 16,750.

Mr. John J. Wilson, Washington, D. C., with whom Messrs. John J. Carmody and Charles J. Steele, Washington, D. C., were on the brief, for appellee in No. 16,750.

Mr. Francis M. Shea, Washington, D. C., with whom Messrs. Richard T. Conway and William H. Dempsey, Jr., Washington, D. C., were on the brief, for appellee in No. 16,765.

Mr. Francis J. Kelly, Washington, D. C., was on the brief for appellee in No. 16,763.

Messrs. Paul F. Interdonato, Theodore Lombard and James T. Reilly, Washington, D. C., were on the brief for appellee in No. 16,764.

Mr. Ellsworth T. Simpson, Washington, D. C., was on the brief for appellee in No. 16,766.

Messrs. William F. Kelly, Richard H. Nicolaides and W. V. T. Justis, Washington, D. C., were on the brief for appellee in No. 16,767.

Before WILBUR K. MILLER, Chief Judge, and BASTIAN and BURGER, Circuit Judges.


PER CURIAM.

An indictment charged that eight District of Columbia construction companies and six individuals had conspired to restrain trade, in violation of Section 3 of the Sherman Act, 15 U.S.C.A. § 3. The individuals, who concededly had acted only as corporate officers, moved to dismiss as to them, and the District Court granted their motion, holding that corporate officers may not be indicted under Section 3 of the Sherman Act for acts done in their representative...

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