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March 16, 1940

THE COURT OF APPEALS DECISION

JAMA. 1940;114(11):962-963. doi:10.1001/jama.1940.02810110028013

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Abstract

Elsewhere in this issue appears a complete statement of the decision of the United States Court of Appeals for the District of Columbia in the case of the government versus the American Medical Association and various other organizations and persons. This statement summarizes the indictment and analyzes the case as being concerned with three main problems. These raise essentially the question as to whether or not there was a combination or conspiracy in restraint of trade as that term is used in the Sherman Act and whether or not the indictment was defective in form. There is a considerable discussion of the significance of the phrase "restraint of trade" and various previous legal decisions on the subject are cited, leading the court to the ultimate conclusion that the effect has been to enlarge the common acceptation of the word "trade" to cover all occupations in which men are engaged for

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