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U. S. v. CONCENTRATED PHOSPHATE EXPORT ASSN., INC.

No. 29.

393 U.S. 199 (1968)

UNITED STATES v. CONCENTRATED PHOSPHATE EXPORT ASSN., INC., ET AL.

Supreme Court of United States.

Decided November 25, 1968.

Attorney(s) appearing for the Case

Deputy Attorney General Christopher argued the cause for the United States. On the brief were Solicitor General Griswold, Acting Assistant Attorney General Zimmerman, Lawrence G. Wallace, and Howard E. Shapiro.

Samuel W. Murphy, Jr., argued the cause for appellees. On the brief were Marcus A. Hollabaugh and Alan S. Ward for Concentrated Phosphate Export Assn., Inc., Mr. Murphy and Andrew J. Kilcarr for American Cyanamid Co., Lawrence J. McKay and Jerrold G. Van Cise for W. R. Grace & Co., Edgar E. Barton for International Minerals & Chemical Corp., Edward F. Howrey and John Bodner, Jr., for Mobil Oil Corp., Alfred D. Berman and Randolph Guggenheimer, Jr., for Tennessee Corp., appellees.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Involved in this case are 11 sales of concentrated phosphate made between 1961 and 1966 by appellee association. The phosphate was supplied by the association's members,1 which are all producers of fertilizer, and was then shipped to the Republic of Korea under the United States foreign aid program. The Government, in a civil antitrust complaint...

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