The wholesale and retail price of automobiles is high, and usually the dealer and retail purchaser are unable to pay on a cash basis. The practice in the industry is to require dealers to pay cash before receiving the new cars, so that normally title and possession pass from the manufacturer or selling agent when the cars are transported and shipped from the factory. Generally the retail transactions are "time sales" where part of the price is paid in cash, a used car is taken in trade and the remainder of the price is paid in installments. The dealers in turn sell these new automobiles, as well as used automobiles on hand, to retail purchasers. In particular it is alleged that GMC manufactures its products at plants in seven states and sells them through GMSC at wholesale to approximately 15,000 dealers located in all of the states. Paragraphs 1 to 27 of the indictment explain the general background of the automobile industry including the manufacture of automobiles and their sale and financing at wholesale and retail. In essence the indictment charges that the defendants conspired to restrain unreasonably the interstate trade and commerce in Chevrolet, Pontiac, Oldsmobile, Buick, LaSalle and Cadillac cars that their purpose was to control the financing essential to the wholesale purchase and retail sale of General Motors cars and that in furtherance of this purpose the conspirators devoted themselves to concerted action by which GMAC financing *383 was imposed on dealers who were engaged in the purchase and sale of the above described cars. The errors relied on arise out of the overruling of the demurrer to the indictment, denial of a bill of particulars, denial of a motion to dismiss at the close of the Government's opening statement, rulings on evidence, failure to grant defendants' motions to direct a verdict, instructions to the jury, and refusal to grant a new trial.ġ. This appeal is taken from the judgment entered upon the verdict fining each of the corporate defendants in the amount of $5,000. The jury rendered a verdict acquitting all of the individual defendants and finding the four corporate defendants guilty. This is a criminal prosecution for a conspiracy to restrain interstate trade and commerce in violation of § 1 of the Sherman Anti-Trust Act. C., for appellee.īefore EVANS, SPARKS, and KERNER, Circuit Judges. Crumpacker, of South Bend, Ind., for appellants. Circuit Court of Appeals, Seventh Circuit.
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