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Criminal Law

Interstate Circuit, Inc. v. United States

Interstate Circuit v. United States forces us to understand, carefully, all the elements of conspiracy. True, this is a conspiracy under the Sherman Antitrust Act, but for our purposes, we can treat it as an ordinary conspiracy case. As in Conn v. Indiana, we must identify the the target crime, the conspirators, and the actual agreement. (Overt act is not at issue). In this case, assume the crime they agreed to further was fixing prices at a higher level than they otherwise would have been set--particularly the price to see a movie during its second run. 

The challenge here is to identify the conspirators. As a hint, the first sentence of this court's opinion (after it summarizes the district court proceedings) identifies the conspirators who matter. Once you have identified them, then you must understand why the court things they agreed. What evidence is there that they agreed and, more important, what does an "agreement" mean exactly in this context. There is a difference between showing something with circumstantial evidence and the thing you are showing. 

You will want to draw a diagram with the main parties: (a) Interstate and Texas Consolidated, (b) the movie distributors, and (c) second-run or subsidiary-run theater chains. Diagram how they relate to each other and the conspiracy.