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UNITED STATES v. MONTANA STATE FOOD DISTRIBUTORS ASS'N

Crim. No. 344.

271 F.Supp. 403 (1967)

UNITED STATES of America, Plaintiff, v. MONTANA STATE FOOD DISTRIBUTORS ASSOCIATION, Inc., and Ray Ormesher, Defendants.

United States District Court D. Montana, Billings Division.

July 18, 1967.

Attorney(s) appearing for the Case

Lyle L. Jones, Marquis L. Smith, Robert J. Staal and Shirley Z. Johnson, Attys., Dept. of Justice, San Francisco, Cal., and U. S. Atty. Moody Brickett, Butte, Mont., for plaintiff.

Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for defendants Montana State Food Distributors Ass'n and Ray Ormesher.

ORDER AND MEMORANDUM OPINION

JAMESON, Chief Judge.

Montana Food Distributors Association, Inc., was indicted November 18, 1966, with one other corporate and several individuals defendants, for violation of 15 U.S.C. Sec. 1, the Sherman Antitrust Act.

The Association has made a motion to dismiss the indictment on the ground that the indictment fails to state facts sufficient to constitute an offense by the Association against the United States. The...

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