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UNITED STATES v. MILK DISTRIBUTORS ASSOCIATION, INC.

Cr. No. 25658.

200 F.Supp. 792 (1961)

UNITED STATES of America v. MILK DISTRIBUTORS ASSOCIATION, INC., National Dairy Products Corporation, Cloverland Farms Dairy, Incorporated, The H. E. Koontz Creamery, Inc., Green Spring Dairy, Incorporated, Royal Farms Dairy, Inc., Will's Dairy, Incorporated, Aristocrat Dairy, Penn Dairies, Inc., John M. Lescure, Maurice M. Thomas, George C. Oursler, James J. Ward, Jr.

United States District Court D. Maryland.

December 29, 1961.

Attorney(s) appearing for the Case

Joseph D. Tydings, U. S. Atty., John R. Hargrove, Asst. U. S. Atty., Baltimore, Md., Lewis A. Rivlin, Antitrust Division of the United States Department of Justice, Washington, D. C., for the Government.

Alva P. Weaver, III, Baltimore, Md., for Milk Distributors Ass'n.

J. Cookman Boyd, Jr., Baltimore, Md., for National Dairy Products Corp.

Nathan Patz, Baltimore, Md., for Cloverland Farms Dairy, Inc.

Richard C. Murray, Towson, Md., for H. E. Koontz Creamery.

David R. Owen, Baltimore, Md., for Green Spring Dairy, Inc.

Nathan Patz, Baltimore, Md., for Royal Farms Dairy, Inc.

William H. Zimmerman, Baltimore, Md., for Will's Dairy, Inc.

Z. Townsend Parks, Jr., Baltimore, Md., for Aristocrat Dairy.

George W. Constable, Baltimore, Md., for Penn Dairies, Inc.

J. Cookman Boyd, Jr., Baltimore, Md., and John T. Chadwell and Richard W. McLaren, Chicago, Ill., for John M. Lescure.

W. Lee Harrison, Towson, Md., for Maurice M. Thomas.

W. Lee Harrison, Towson, Md., for George C. Oursler.

Ward B. Coe, Jr., and G. C. A. Anderson, Baltimore, Md., for James J. Ward, Jr.

R. DORSEY WATKINS, District Judge.

Question Presented.

By their motion to dismiss the second count of a two-count information, the individual defendants charged therein with violation of the anti-trust laws, for acts done while acting solely in their capacities as officers, directors, or agents who authorized, ordered or did some of the acts constituting in whole or in part the violations alleged also to have been committed by the corporations with which...

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