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UNITED STATES v. MICHAEL SCHIAVONE & SONS, INC.

No. 7510.

430 F.2d 231 (1970)

UNITED STATES of America, Plaintiff, Appellee, v. MICHAEL SCHIAVONE & SONS, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 29, 1970.

Attorney(s) appearing for the Case

Harvey A. Silverglate and Kevin M. Keating, Boston, Mass., with whom Flym, Zalkind & Silverglate, Joseph S. Oteri, and Crane, Inker & Oteri, Boston, Mass., were on brief, for defendant, appellant.

Leonard Schaitman, Atty. Dept. of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., Herbert F. Travers, Jr., U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on brief, for plaintiff, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from a treble damage judgment against Michael Schiavone & Sons, Inc., the district court having found that Schiavone knowingly received an illegal rebate from the Boston & Maine Railroad, in violation of the Elkins Act, 49 U.S.C. § 41(3), when it purchased certain property from the Railroad for less than the fair market value. United States v. Michael Schiavone & Sons, Inc., 304 F.Supp. 773...

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