United States v. Wise

370 U.S. 405 (1962)

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United States v. Wise

United States Supreme Court
370 U.S. 405 (1962)

  • Written by Sharon Feldman, JD

Facts

National Dairy Products Corporation (NDPC) and Wise (defendants), a corporate officer, were indicted for conspiring to eliminate competition in the sale of milk in the Kansas City market in violation of Section 1 of the Sherman Act. The counts against Wise incorporated by reference the allegations against NDPC, and the bill of particulars filed by the United States (plaintiff) alleged that Wise acted only in his capacity as an officer of the corporation. Wise moved to dismiss the charges against him on the ground that the Sherman Act does not apply to corporate officers who act in a representative capacity on behalf of the corporation. The charges against Wise were dismissed, and the United States appealed.

Rule of Law

Issue

Holding and Reasoning (Warren, C.J.)

Concurrence (Harlan, J.)

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