Las Vegas Merchant Plumbers Ass'n v. United States

This is an appeal by eleven defendants following conviction by a jury of violations of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1-7 , 15 note. The appellants consist of four corporations and seven individuals. Fines were imposed on all appellants; three of the individual appellants were also sentenced to terms of six months in the custody of the Attorney General. All have appealed. The appeals are presented on one record but appellant Alsup has filed a separate notice of appeal and separate briefs.

I.

The Sufficiency of the Indictment

All appellants contended in the trial court and contend here that the indictment does not state facts sufficient to constitute an offense against the United States.

The indictment in Sec. I, identifies the defendants [appellants herein] and in Sec. II sets forth definitions of terms. In Sec. Ill, set forth in the margin, the trade and commerce involved is described.

In summary it alleges: Practically all plumbing and heating supplies used in southern Nevada are manufactured in other States and are sold and shipped in interstate commerce into Nevada. Plumbing contractors then distribute, sell and install these supplies and make a charge and…