UNITED STATES v. ST. JOSEPH STOCK YARDS CO.

No. 3114.

44 F.Supp. 31 (1942)

UNITED STATES v. ST. JOSEPH STOCK YARDS CO. et al.

District Court, W. D. Missouri, St. Joseph Division.

April 3, 1942.


Attorney(s) appearing for the Case

St. Joseph Stock Yards Company and others were indicted for violating the Sherman Anti-Trust Act. On defendants' demurrers to the indictment.

Demurrers overruled in accordance with opinion.

Thomas M. Daly, Sp. Asst. to Atty. Gen., of Chicago, Ill., and James C. Wilson, Sp. Asst. to Atty. Gen., of Washington, D. C., for plaintiff.

John J. Kelly, of Chicago, Ill., and H. Templeton Brown, of St. Joseph, Mo., for defendant St. Joseph Stock Yards Co.

R. E. Culver, of St. Joseph, Mo., for St. Joseph Live Stock Exchange, St. Joseph Joint Marketing Committee, and Hog Yards Sub-Committee of St. Joseph Joint Marketing Committee.

John Potts Barnes, of Chicago, Ill., and Paul V. Barnett and Henry Ess, both of Kansas City, Mo., for Armour & Co.

C. B. Shaw, of Chicago, Ill., and E. R. Morrison and James E. Nugent, both of Kansas City, Mo., for Swift & Co.


OTIS, District Judge.

We suppose the feeling is a natural one that the specialists in the anti-trust division of the Department of Justice ought to be able to draw an indictment good against demurrers. They have had much experience — almost a plethora of experience since the ascendancy of Honorable Thurman Arnold — and they are learned in the law. But this indictment has been attacked by lawyers of such outstanding capacity and character that the indictment...

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