United States v. AP Woodson Company

McLAUGHLIN, District Judge.

The individual defendants move to dismiss the indictment returned against them under Section 3 of the Sherman Act, 15 U.S.C.A. § 3, and ground their motion on the premise that the Sherman Act applies to corporate officials acting in their individual capacities, whereas the acts with which the defendants are charged are, as admitted by the Government, acts of the defendants as corporate officials performed in their representative capacities, which acts are covered exclusively by Section 14 of the Clayton Act, 15 U.S.C.A. § 24.

The Government contends that both prior…