United States v. Southern Wholesale Grocers' Ass'n

Citations

• 207 F. 434
• 1913 U.S. Dist. LEXIS 1319

Syllabus

<p>1. Monopolies (§ 24*)—Actions—Decree—Violations.</p> <p>Where, in a suit ágainst an association of wholesale grocers whose constitution and by-laws stated its purpose to be the promoting of harmony between the members of the association and the manufacturers of food products, to the end that the wholesale grocers might be recognized as the economical channel of distribution of the products of the manufacturers, to' restrain alleged violations of the Anti-Trust Act (Act July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200]), 'the decree, after enjoining certain acts, expressly provided that the association, its officers and members, were not restrained from maintaining the organization for social or other purposes than those therein prohibited, the mere maintenance of the association subsequent to the decree under the same constitution and by-laws was not a violation of the decree, since it would be presumed that the court familiarized itself with the fundamental nature of the association as set out in its constitution and by-laws, and in view of this presumption the decree was intended to mean that the court found no illegality in the framework of the association’s organization but only in certain of its activities, which were expressly enjoined.</p> <p>[Ed. Note.—For other eases, see Monopolies, Cent. Dig. § 17; Dee. Dig. § 24.*]</p> <p>2. Monopolies (§ 24*)—Actions—Decree—Violations.</p> <p>A decree enjoining an association of wholesale grocerg from publishing any book, pamphlet, or list containing only the names of wholesale grocers who had announced their intention or agreed, directly or indirectly, expressly or impliedly, to work in harmony with the association was violated by the issuance of lists, the names in which were purposely confined to those, whether members or nonmombers or those otherwise not in sympathy with its purposes, who worked in harmony with the association in effecting its purpose of confining the sales of manufacturers to th