SUNKIST GROWERS, INC. v. WINCKLER & SMITH CITRUS PRODUCTS CO., 368 U.S. 813 (1961)
U.S. Supreme Court
SUNKIST GROWERS, INC. v. WINCKLER & SMITH CITRUS PRODUCTS CO. , 368 U.S. 813 (1961)368 U.S. 813
SUNKIST GROWERS, INC., et al.,
petitioners,
v.
WINCKLER & SMITH CITRUS PRODUCTS CO. et al.
No. 241.
Supreme Court of the United States
October 9, 1961
Ross C. Fisher and Herman F. Selvin, for petitioners.
William C. Dixon, for respondents.
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 1 presented by the petition which reads as follows:
- '1. Where a group of citrus fruit growers form a cooperative
organization for the purpose of collectively processing and
marketing their fruit, and carry out those functions through the
agency of three co-operative agricultural associations, each of
which is basically wholly owned and governed by those growers, and
each of which is admittedly entitled to the exemption from the
antitrust laws accorded to agricultural cooperatives by the
Capper-Volstead Act (7 U. S.C.A., sec. 291)-is an unlawful
conspiracy, combination or agreement established under Sections 1
and 2 of the Sherman Act [15 U.S.C.A. 1, 2] upon proof only that
these growers, through the agency of these three cooperatives,
agreed among only themselves with respect to the extent of the
division of the function of processing between them or with respect
to the price they would charge in the open market for the fruit and
the by-products thereof processed and marketed by them?'
The case is transferred to the summary calendar.[ Sunkist
Growers, Inc. v. Winckler & Smith Citrus Products Co. 368 U.S. 813 (1961) ]
U.S. Supreme Court
SUNKIST GROWERS, INC. v. WINCKLER & SMITH CITRUS PRODUCTS CO. , 368 U.S. 813 (1961) 368 U.S. 813 SUNKIST GROWERS, INC., et al., petitioners,v.
WINCKLER & SMITH CITRUS PRODUCTS CO. et al.
No. 241. Supreme Court of the United States October 9, 1961 Ross C. Fisher and Herman F. Selvin, for petitioners. William C. Dixon, for respondents. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 1 presented by the petition which reads as follows:
- '1. Where a group of citrus fruit growers form a cooperative
organization for the purpose of collectively processing and
marketing their fruit, and carry out those functions through the
agency of three co-operative agricultural associations, each of
which is basically wholly owned and governed by those growers, and
each of which is admittedly entitled to the exemption from the
antitrust laws accorded to agricultural cooperatives by the
Capper-Volstead Act (7 U. S.C.A., sec. 291)-is an unlawful
conspiracy, combination or agreement established under Sections 1
and 2 of the Sherman Act [15 U.S.C.A. 1, 2] upon proof only that
these growers, through the agency of these three cooperatives,
agreed among only themselves with respect to the extent of the
division of the function of processing between them or with respect
to the price they would charge in the open market for the fruit and
the by-products thereof processed and marketed by them?'