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Abstract

In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect upon the prices and competition in the market. Defendant demurred. Held, that the demurrers to both be overruled on the ground that the alleged facts established an unlawful restraint within the test of the Apex case, and since no "labor dispute" was involved the acts charged were not immunized by section 20 of the Clayton Act as reinterpreted through the construction given the Norris-La Guardia Act in the Hutcheson case. United States v. Local Union No. 3 of the International Brotherhood of Electrical Workers, (D. C. N. Y. 1941) 42 F. Supp. 783; United States v. New York Electrical Contractors Association, (D. C. N. Y. 1941) 42 F. Supp. 789.

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