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APRIL v. NATIONAL CRANBERRY ASSOCIATION

Civ. A. No. 56-567-A.

168 F.Supp. 919 (1958)

Morris APRIL et al., v. NATIONAL CRANBERRY ASSOCIATION et al.

United States District Court D. Massachusetts.

November 20, 1958.

Attorney(s) appearing for the Case

Hale & Dorr, James D. St. Clair, Boston, Mass., Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., for plaintiffs.

Ropes, Gray, Best, Coolidge & Rugg, John R. Quarles, Esq., Boston, Mass., Simpson, Thacher & Bartlett, New York City, for National Cranberry & Glover.

Clark & Iseminger, Fletcher Clark, Jr., Middleborough, Mass., Donovan, Leisure, Newton & Irvine, New York City, for A. D. Makepeace Co. & Maurice C. Makepeace.

Withington, Cross, Park & McCann, Claude B. Cross, Philip M. Cronin, Boston, Mass., for United Cape Cod Cranberry Ass'n & Marcus Urann.

ALDRICH, District Judge.

This is a treble-damage action under section 4 of the Clayton Act, 15 U.S.C.A. § 15, against a so-called Capper-Volstead agricultural cooperative, two of its corporate members, and a number of their officers. The defendants are charged with violations of sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1, 2. They move for summary judgment. The ground of their motion, as summarized orally by counsel, is that they are "wholly...

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