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Chattanooga Foundry & Pipe Works v. City of Atlanta, 203
U. S., 390

113

Cilley v. United Shoe Machinery Co., 152 F., 726_-

203

City of Atlanta, Chattanooga Foundry & Pipe Works v., 203
U. S. 390

Clabaugh v. Southern Wholesale Grocers Ass'n, 181 F., 706--
Continental Wall Paper Co. v. Voight & Sons Co., 148 F., 939.
212 U. S., 227

113

812

44

480

Creamery Package Co., Virtue v., 179 F., 115_
Dr. Miles Medical Co. v. J. D. Park & Sons Co., 164 F., 803_.
Dr. Miles Medical Co. v. Jaynes Drug Co., 149 F., 838_.
Dunn & Powell, Arkansas Brokerage Co v., 173 F., 899–
Eastman Kodak Co., Loeb v., 183 F., 704_.

794

470

103

752

975

Fertilizer Trust. See U. S. v. Virginia-North Carolina Chemical Co.

Goshen Rubber Works v. Single Tube A. & B. Tire Co., 166
F., 431

571

Grand Jury, In re Charge to, 151 F., 834--.

156

Hale v. O'Connor Coal & Supply Co., 181 F., 267__.
Hartman, J. D. Park & Sons Co. v., 153 F., 24.
Hocking Valley Ry. Co., Mannington v., 183 F., 133.
Indiana Mfg. Co. v. J. I. Case Threshing Machine Co., 148 F., 21-

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J. I. Case Threshing Machine Co., Indiana Mfg. Co. v., 148 F., 21__

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J. D. Park & Sons Co. v. Hartman, 153 F., 24.
J. D. Park & Sons Co., Dr. Miles Medical Co. v., 164 F., 803_
Jayne et al v. Loder, 149 F., 21___.

229

470

65

Jaynes Drug Co., Dr. Miles Medical Co. v., 149 F., 838_.
Kissel and Harned, United States v., 173 F., 823__

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Laemmle, Motion Picture Patents Co. v., 178 F., 104_
Larus & Bro. Co. v. American Tobacco Co., 163 F., 712_
Lawlor, Loewe v., 148 F., 924___.

Lehigh Valley Railroad Co., Meeker v., 162 F., 354.

764

426

41

324

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Leonard v. Abner-Drury Brewing Co., 25 Appeal (D. C.) Cases, 161___.

1

Licorice Paste Trust. See U. S. v. MacAndrews & Forbes Co.
Loder, Jayne et al v., 149 F., 21_

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United Shoe Machinery Co., Cilley v., 152 F., 726--

203

FEDERAL

ANTI-TRUST DECISIONS

VOL. 3.

1906-1910.

[161] LEONARD v. ABNER-DRURY BREWING

COMPANY."

(Court of Appeals, District of Columbia.)

[25 Appeal (D. C.) Cases, 161.]

TRUSTS AND MONOPOLIES; UNJUST COMPETITION; RESTRAINT OF TRADE; ANTI-TRUST ACT; CONSPIRACY; EQUITY JURISDICTION; COSTS ON APPEAL.

1. A combination between several brewing companies forming a brewers' association, entered into for the purpose of preventing competition in the manufacture and sale of their product, fixing the price, and controlling the disposition of the same to retail dealers, providing that its members shall not sell such product at prices fixed by themselves nor below prices fixed by the association, and allotting the business of selling the same among them, and prohibiting any one of them from selling to customers allotted to another, is a trust or conspiracy in restraint of trade within the 3d section of the anti-trust act of Congress (26 Stat. at L. 209, 647, U. S. Comp. Stat. 1901, p. 3201); and an attempt to coerce another company to enter the trust and obey its regulations is an invasion of private right, as well as inimical to the interests

a Illegal Trusts and Monopolies.-For the authorities bearing on the question of illegal trusts under modern anti-trust laws both state and Federal, see editorial note to Whitwell v. Continental Tobacco Co. 64 L. R. A. 689.

1

Syllabus.

of the public; and the purposes and practices of such a combination or conspiracy are equally violative of the common law, which prevails in this District, and of which the 3d section of the statute is declaratory."

2. Such an agreement or combination can not be declared null and void in [162] equity at the suit of retail dealers engaged in purchasing and selling the product of a company sought to be compelled to join such association, but having no contract with it for the purchase of such product. Such a result can only be accomplished at the suit of the United States.

3. But where such retail dealers show that they have established a profitable business in selling the product of the company so sought to be coerced, which is unwilling to advance the price of the product, but wishes to continue to sell to them at the lower price, but, intimidated by the threats of the association, such company is about to yield to its demands, and will do so unless restrained, in which event there will be an advance in prices, and such dealers may thereupon be allotted as customers to some other member of the trust against their will, and be unable to purchase the product they have been dealing in even at the advanced price, and their business will be so destroyed,—an injunction will lie at their suit to prevent the doing or continuing of the wrongful acts, the remedy at law, if any, even under the statute giving three fold damages, being inadequate, and consequential damages, such as loss of trade and profits and failure of credit and business, not being ordinarily recoverable at law.

4. The fact that the anti-trust act of Congress makes a conspiracy in restraint of trade a crime, and provides a penalty therefor, does not necessarily impair the ordinary jurisdiction of equity, where the criminal acts work irreparable injury to property. The statute does not substitute its remedy for others which existed before its enactment.

5. Quære,

Whether if the wrongs complained of by an individual, growing out of alleged acts in restraint of trade in the District of Columbia, as distinguished from acts relating to conspiracies in restraint of interstate commerce, should be remediless save by a resort to the anti-trust act of Congress, any party other than the United States can invoke the jurisdiction of equity to restrain their commission.

6. Where several brewing companies forming a combination or trust are charged by complainants in a bill in equity, retail dealers in malt liquors, with a conspiracy to compel another company to join the association, and such combination is held to be in restraint of trade, individuals who are officers of a labor union, and who are charged with attempting to procure its members to leave

Syllabus, and statements of arguments copyrighted, 1906, by Charles Cowles Tucker.

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