UNITED STATES of America, Plaintiff-Appellee,
v.
CENTRAL LIQUOR COMPANY, Jarboe Sales Company, Louis Abraham, Jr. and Robert Z. Naifeh, Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Submitted May 5, 1980.
Decided August 11, 1980.
Rehearing Denied September 11, 1980.
Attorney(s) appearing for the Case
Burck Bailey of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., for defendant-appellant Central Liquor Co.
B. J. Rothbaum, Jr., Oklahoma City, Okl. (with James P. Linn, Oklahoma City, Okl., on brief) of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., for defendant-appellant Robert Z. Naifeh.
John B. Jarboe, Tulsa, Okl. (with Irvine E. Ungerman, Tulsa, Okl., on brief), for defendant-appellant Jarboe Sales Co.
Tom L. Armstrong of Dyer, Powers, Marshal, Turner & Armstrong, Tulsa, Okl., for defendant-appellant Louis Abraham, Jr.
Peter L. de la Cruz, Atty., Dept. of Justice, Washington, D.C. (with John H. Shenefield, Asst. Atty. Gen. and Barry Grossman, Atty., Dept. of Justice, and Charles R. McConachie, Washington, D.C., and Leonard A. Senerote, Jr., Atty., Dept. of Justice, Dallas, Tex., on brief), for plaintiff-appellee.
Before McKAY and LOGAN, Circuit Judges, and PECK, Senior Circuit Judge.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
The government has-invoked the Sherman Act felony provision, 15 U.S.C. § 1, to indict both two small partnerships1 and the most active partner of each. After a jury was empanelled, the district court denied motions to dismiss the indictments and stayed the proceedings pending prosecution of these appeals. Defendants argue that indictment of both a small partnership and an individual partner for the same activity...
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