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UNITED STATES v. NATIONAL DAIRY CORP.

No. 18.

372 U.S. 29 (1963)

UNITED STATES v. NATIONAL DAIRY PRODUCTS CORP. ET AL.

Supreme Court of United States.

Restored to the calendar for reargument April 2, 1962.

Reargued December 5, 1962.

Decided February 18, 1963.

Attorney(s) appearing for the Case

Daniel M. Friedman reargued the cause for the United States. With him on the briefs were Solicitor General Cox, Assistant Attorney General Loevinger and Lionel Kestenbaum.

John T. Chadwell reargued the cause for appellees. With him on the briefs were Richard W. McLaren, James A. Rahl, Jean Engstrom, Martin J. Purcell and John H. Lashly.

MR. JUSTICE CLARK delivered the opinion of the Court.

This case involves the question whether § 3 of the Robinson-Patman Act, 15 U. S. C. § 13a, making it a crime to sell goods at "unreasonably low prices for the purpose of destroying competition or eliminating a competitor," is unconstitutionally vague and indefinite as applied to sales made below cost with such purpose. National Dairy and Raymond J. Wise, a vice-president and director, upon being...

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