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UNITED STATES v. ST. LOUIS DAIRY CO.

Cr. No. 25713.

77 F.Supp. 853 (1948)

UNITED STATES v. ST. LOUIS DAIRY CO. et al.

District Court, E. D. Missouri, E. D.

May 14, 1948.

Attorney(s) appearing for the Case

Drake Watson, U. S. Atty., of New London, Mo., George B. Haddock, Sp. Asst. to Atty. Gen., and John R. Niesley, Walter D. Murphy, and Joseph R. Cannon, Sp. Attys., Department of Justice, all of Washington, D. C., for plaintiff.

Jacob M. Lashly, of St. Louis, Mo., for defendants St. Louis Dairy Co., and Basil M. Lide.

James A. Finch of Cape Girardeau, Mo., and E. C. Hartman and William H. Allen, both of St. Louis, Mo., for defendants Pevely Dairy Company, Arthur Kerckhoff, Richard D. Kerckhoff, Elmer M. Kerckhoff, Daniel M. Kerckhoff, and Alexander Kerckhoff.

HULEN, District Judge.

Defendants, being charged by indictment with conspiracy to fix and stabilize prices of fluid milk, in restraint of interstate commerce in violation of the Sherman Act, 15 U.S.C.A., § 1, move to dismiss on grounds that the indictment does not plead facts showing (1) the conspiracy charged was in restraint of interstate commerce, and (2) the restraint described directly and substantially restrains interstate commerce.

The indictment...

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