Legal Opinion

United States v. Fischbach & Moore, Inc.

Court of Appeals for the Third Circuit

Decided December 10, 1984No. Nos. 84-3242 to 84-3244, 84-3253 and 84-3266 to 84-3268PublishedCited by 69 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Chief Judge.

Three principal issues are presented in this appeal from sentences imposed on a guilty verdict in a criminal antitrust prosecution: whether the proof at trial varied from the indictment charging a single, con*1188tinuing conspiracy; whether the government introduced sufficient evidence to prove the interstate commerce element of the Sherman Act violation; and whether this court should set aside or modify, on appeal, the one million dollar fine levied against defendant Fischbach & Moore. Appellants assert several less significant arguments, including the…

2Cases cited37 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Sandstrom v. MontanaSupreme Court of the United States · 1979
  5. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940

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3Cited by69 opinions

  1. Delores Simmons, Administratrix of the Estate of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. Panati, Badge No. 2587Court of Appeals for the Third Circuit · 1991
  2. Thomas F. Bennis, Roger J. MacLean v. Carson S. Gable, Joseph S. Daddona, City of AllentownCourt of Appeals for the Third Circuit · 1987
  3. United States v. CassiereCourt of Appeals for the First Circuit · 1993
  4. The United States v. James Beros, Titus McCue A/K/A Tim McCune Appeal of James M. BerosCourt of Appeals for the Third Circuit · 1987
  5. United States v. RoseCourt of Appeals for the First Circuit · 1997

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