United States v. Maryland State Licensed Beverage Association, Inc.

PARKER, Chief Judge.

This is an appeal by the United States in a prosecution under the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note, from an order requiring the government to elect whether it would proceed under the first or second count of the indictment, and when it elected to proceed under the first, dismissing the second count. Appellees have moved to dismiss the appeal or transfer it for hearing to the Supreme Court. We think that the motion should be denied and that the order requiring the election and dismissing the second count of the indictment should be reversed.

Count one of the…