United States v. McKinnon Bridge Co., Inc.

MEMORANDUM

WISEMAN, District Judge.

This case is before the Court to consider two defense motions. The first motion seeks dismissal of Count One of the Indictment, which alleges a violation of section one of the Sherman Act, 15 U.S.C. § 1. The second motion attacks Counts Two through Six, which allege violations of the federal mail fraud statute, 18 U.S.C. § 1341. Both motions are denied.

Count One

Defendants argue that Count One should be dismissed because section one of the Sherman Act is unconstitutionally over-broad and vague. Contrary to the government’s facile assertion, Brief for United…