Legal Opinion

United States v. Winslow

Supreme Court of the United States

Decided February 3, 1913No. 620PublishedCited by 43 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts, which involve the construction of the Sherman Anti-trust Act, and determining'whether the combination charged in an indictment thereunder of various manufacturers of -patented shoe machinery constituted a violation thereof, are Stated :m the opinion.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts, which involve the construction of the Sherman Anti-trust Act, and determining'whether the combination charged in an indictment thereunder of various manufacturers of -patented shoe machinery constituted a violation thereof, are Stated :m the opinion. This case presents the question whether it is legril to gather together into one corporation about 80 per cent, of all the interstate trade in some particular line of activity when it is done gradually by legitimate methods and without any unfair…

1Opinion of the Court

Mu. Justice ííoi.mrs

delivered the opinion of the court..

This is a writ, of error to determine whether two counts in an- indictment as construed by the District Court charge offences under the Sherman Act of July 2, 1890, c. 647. 26 Stat. 209. They were held bad, on demurrer, by the District Court. 195 Fed. Rep. 578. The two counts allege substantially the same facts; the first laying them as a combination in restraint of the trade of the defendants themselves, the second as a conspiracy in restraint of the trade of others, shoe manufacturers.

The facts alleged are as follows: For the last…

2Cases cited5 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  2. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  3. Johnson v. United StatesSupreme Court of the United States · 1912
  4. Petri v. F. E. Creelman Lumber Co.Supreme Court of the United States · 1905
  5. Ex Parte United StatesSupreme Court of the United States · 1913

3Cited by43 opinions

  1. Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  2. Nash v. United StatesSupreme Court of the United States · 1913
  3. United States v. United Shoe MacHinery Corp.District Court, D. Massachusetts · 1953
  4. United States v. HarkSupreme Court of the United States · 1944
  5. United States v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1941

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