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UNITED STATES v. MANUFACTURERS' ASS'N OF RELOC. BLDG. IND.

Nos. 72-1037, 72-1038, 72-1029, 72-1051 and 72-1049.

462 F.2d 49 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. MANUFACTURERS' ASS'N OF the RELOCATABLE BUILDING INDUSTRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. MODULUX INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. DESIGNED FACILITIES LEASING CO., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. VINNELL STEEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. SPEEDSPACE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 27, 1972.

Attorney(s) appearing for the Case

James J. Brosnahan (argued), Carl Hoppe (argued), of Eckhoff & Hoppe, James R. Madison (argued), Edward B. Rogin, William H. Orrick, Jr. of Orrick, Herrington, Rowley & Sutcliffe, San Francisco, Cal., John M. Carmack, of Gill & Baldwin, Los Angeles, Cal., Gordon Johnson, of Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for defendants-appellants.

Robert B. Nicholson (argued), Howard E. Shapiro, Walker B. Comegys, Acting Asst. Atty. Gen., Washington, D.C., Mark F. Anderson, Marquis L. Smith, San Francisco, Cal., for plaintiff-appellee.

Before ELY and CARTER, Circuit Judges and FERGUSON, District Judge.

Rehearing Denied in No. 72-1038 June 27, 1972.

JAMES M. CARTER, Circuit Judge:

In this appeal from convictions by a jury for violation of the antitrust laws and sentences imposing fines, the defendant corporations make various contentions. We address ourselves to one contention and affirm.

Appellants contend that the per se rule as to price-fixing, i. e., that price-fixing is per se a violation of the antitrust laws and that the test...

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