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Melrose Distillers, Inc. v. United States, 359 U.S. 271 (1959)

Melrose Distillers, Inc. v. United States

No. 404

Argued March 30, 1959

Decided April 20, 1959

359 U.S. 271


Petitioners, two Maryland corporations and a Delaware corporation, were indicted in a Federal District Court for restraining trade and conspiring and attempting to monopolize commerce in violation of §§ 1 and 2 of the Sherman Act. They were dissolved under their respective state statutes, and moved to dismiss the indictment on the ground that their dissolution abated the proceeding.

Held: under the applicable Maryland and Delaware statutes, their corporate lives were sufficiently continued to make them "existing" corporations within the meaning of § 8 of the Sherman Act, so that the proceeding did not abate. Pp. 359 U. S. 271-274.

258 F.2d 726 affirmed.

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