ATLANTIC FISHERMEN'S UNION, ETC. v. United States, 4637.
| Decision Date | 07 April 1952 |
| Docket Number | No. 4637.,4637. |
| Parties | ATLANTIC FISHERMEN'S UNION, ETC. et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — First Circuit |
Henry Wise, Boston, Mass., for appellants.
Gerald J. McCarthy, Sp. Asst. to Atty. Gen. and William J. Elkins and Alfred M. Agress, Sp. Attys., Boston, Mass., for appellee.
Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
A grand jury in the court below indicted two unincorporated associations, Atlantic Fishermen's Union, Seafarers' International Union of North America, A. F. of L., and Atlantic Fishermen's Union, Seafarers' International Union of North America, A. F. of L., New Bedford; a Massachusetts corporation, Seafood Producers Association of New Bedford, Mass., Inc., and five individual citizens of Massachusetts, in two counts for violation of the Sherman Act, or Sherman Anti-Trust Act, as it is commonly called. 26 Stat. 209, as amended, 50 Stat. 693, 15 U.S.C.A. § 1 et seq. The first count charges an unlawful combination and conspiracy formed and carried out in part within the District of Massachusetts in violation of § 1 of the Act, and the second count charges an unlawful monopolization, in part within the District of Massachusetts, of trade and commerce in the production and sale of fish in New Bedford, in violation of § 2, Id. In due course thereafter one of the individual defendants alleging himself to be a member and the secretary-treasurer of the unincorporated association named first above, and the other four individual defendants alleging themselves to be members of the unincorporated association named second above, moved to dismiss the indictment as to both associations for lack of jurisdiction on the ground that unincorporated associations were not indictable under the Act. In addition all the defendants, without waiving the above motion, moved to dismiss the indictment on a variety of other grounds, including failure to state facts sufficient to constitute a crime, repugnancy, vagueness and indefiniteness, and misbehavior of the grand jury. All defendants also moved for a bill of particulars. The motions were heard by the court below and by separate orders denied by that court on February 13, 1952. Ten days later, on Saturday, February 23, the defendants by their counsel attempted to file notices of appeal from the orders, but the office of the clerk of the District Court was closed as permitted by an amendment to Rule 16 of that Court. Notices of appeal from the orders were filed on Monday following, February 25.
Thereupon the United...
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