Show H NEW TRIAL fOR TRUST Ground Is that Incompetent Evidence Was Allowed to toGo toGo toGo Go Before the Jury CONSPIRACY WAS PROVED OPINION OF CIRCUIT COURT OF APPEALS Philadelphia Dec Dee 1 On the ground that incompetent ine evidence had been al allowed allowed allowed lowed before the jury Judge Archibald In Ic the United States court of or appeals to today today today day ordered orde d a new trial in the case of ot otC C G A Loder a druggist of this city who secured a verdict of against the National Druggists association the Philadelphia Wholesale Druggists asso cU ci tion and the Philadelphia Retail Drug Druggists Druggists Druggists association on the allegation that thata a conspiracy existed among the defend defendants eats ants m to ruin his business in that hat they re rc refused refused fused to sell soil him goods because he cut prices The Tile suit was instituted under the antitrust act net and damages of were claimed The jury rendered a l verdict of and under the provi provisions provisions of or the tho Sherman act Loder was en entitled n titled to triple damages and an therefore Us awarded Judge Archibald in his decision declared there was an understanding among amonI the organizations involved to maintain and otherwise control the trade in tn Jola tion of or law I Continuing Judge Archibald says sa s Conspiracy Clear If rf cooperation and concerted action such as this does not make out a combi combination I nation and conspiracy In restraint of trade It is difficult to see sec what would be effective to do so The combination 18 h cItar and antI has been demonstrated So also nl o oIs is the restraint of Jf f trade That indeed was the purpose of it It It is if confidently asserted by lW those having the right to speak fleak that tile the cost to the country countr of tf the trip agreement amounted to in IP six years The general public as usual stal have hac thus been made to foot too th bill 1311 That this constitutes In law as in fact an unlawful combination in restraint or of trade within the thc meaning of the act there can be no doubt f 5 t |