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U.S. v. CLOVIS RETAIL LIQUOR DEALERS TRADE ASS'N

Nos. 75-1368-75-1381.

540 F.2d 1389 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. CLOVIS RETAIL LIQUOR DEALERS TRADE ASSOCIATION et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 23, 1976.

Rehearing Denied September 27, 1976.

Attorney(s) appearing for the Case

Robert N. Singer of Coors, Singer & Broullire, Albuquerque, N. M., for appellants.

Michael J. Pugh and Robert B. Nicholson, Dept. of Justice, Washington, D.C. (Thomas E. Kauper, Asst. Atty. Gen., Washington, D.C., on the brief), for appellee.

Before LEWIS, Chief Judge; SETH and BARRETT, Circuit Judges.

LEWIS, Chief Judge.

Defendants appeal the judgment and order of the district court for the District of New Mexico entered upon their pleas of nolo contendere to an indictment charging violations of the Sherman Antitrust Act and from their sentences pursuant to such violations.

Defendants contend the court lacked subject matter jurisdiction because their acts were not in interstate commerce, the indictment did not sufficiently allege the alternate jurisdictional...

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