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August 5, 1939

FEDERAL COURT HOLDS GOVERNMENT INDICTMENT AGAINST AMERICAN MEDICAL ASSOCIATION INVALID

JAMA. 1939;113(6):502-503. doi:10.1001/jama.1939.02800310040012

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Abstract

Elsewhere in this issue of The Journal appears the full text of the opinion of Justice James M. Proctor in the District Court of the United States for the District of Columbia on the demurrer to the indictment against the American Medical Association. Associated with the publication of this opinion are transcripts of a number of editorials which have appeared in newspapers in the brief period that has elapsed since the decision was first announced. Also there appears a press release issued by the Department of Justice for morning papers of July 27, indicating that further action is contemplated by the Department of Justice in relation to this case.

After indicating the nature of the indictment and the five forms of conspiracy that were charged, Justice Proctor listed the chief contentions of the demurrer. It is his opinion that medical practice is not a trade within the meaning of section

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