United States v. Central Liquor Company, Jarboe Sales Company, Louis Abraham, Jr. And Robert Z. Naifeh

McKAY, Circuit Judge.

The government has,, -iiivoked the Sherman Act felony provision, 15 U.S.C. § 1, to indict both two small partnerships 1 and the most active partner of each. After a jury was empanelled, the district court denied motions to dismiss the indictments and stayed the proceedings pending prosecution of these appeals. Defendants argue that indictment of both a small partnership and an individual partner for the same activity is precluded by the double jeopardy clause, and they seek immediate review of the district court’s actions under the doctrine of Abney v. United States, 431…