UNITED STATES v. BROOKMAN CO.

No. 39462.

229 F.Supp. 862 (1964)

UNITED STATES of America, v. The BROOKMAN CO., Inc., et al., Defendants.

United States District Court N. D. California, S. D.

May 14, 1964.


Attorney(s) appearing for the Case

William B. Richardson and Patrick Ryan, Anti-Trust Div., Dept. of Justice, for plaintiff.

Morris Lowenthal and Matthew B. Weinberg, San Francisco, Cal., for defendant West Coast Linoleum & Carpet Co.


SWEIGERT, District Judge.

This case is before the Court on a motion of defendant West Coast Linoleum and Carpet Company to dismiss an indictment charging defendant with violation of the Sherman Anti-Trust Act, 15 U.S.C. § 1.

The defendant contends that the indictment, which alleges that said defendant is a partnership organized and existing under the laws of California, does not state an offense because partnerships as such are not subject to criminal...

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