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NATIONAL DAIRY PRODUCTS CORPORATION v. UNITED STATES

No. 17734.

350 F.2d 321 (1965)

NATIONAL DAIRY PRODUCTS CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 23, 1965.

Attorney(s) appearing for the Case

John T. Chadwell, of Chadwell, Keck, Kayser, Ruggles & McLaren, Chicago, Ill., and Martin J. Purcell, of Morrison, Hecker, Cozad & Morrison, Kansas City, Mo., made argument for appellant and filed brief with John H. Lashly, of Lashly, Lashly, Rava, Hyndman & Rutherford, St. Louis, Mo.

Raymond P. Hernacki, Trial Atty., Dept. of Justice, and I. Daniel Stewart, Jr., Atty., Appellate Division, Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with William H. Orrick, Jr., Asst. Atty. Gen., Antitrust Div., Dept. of Justice, and Robert B. Hummel, Atty., Antitrust Div., Dept. of Justice, Washington, D. C.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

National Dairy Products Corporation (National or appellant) has appealed from the judgment of conviction on seven counts of an indictment charging a conspiracy to fix prices and eliminate competition in violation of § 1 of the Sherman Act, 15 U.S.C. § 1, and on six counts charging sales of milk at unreasonably low prices for the purpose of destroying competition in violation of § 3 of the Robinson-Patman Act, 15 U.S.C. §...

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