Potter Stewart

“ Citizen Publishing Company v. United States
Argued: Jan. 15, 1969. --- Decided: March 10, 1969
Mr. Justice STEWART, dissenting.
Prior decisions of this Court have made it clear that a failing company cannot combine with a competitor if its independence could be preserved by sale to an outsider. [1] Today's decision for the first time lays down the blanket rule that the failing company defense is forfeited by a company which cannot show that it made substantial affirmative efforts to sell to a noncompetitor. ”

“ United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176. Cf. United States v. Third National Bank, 390 U.S. 171, 190-192, 88 S.Ct. 882, 895, 19 L.Ed.2d 1015.↑ Small worked as publisher of the paper without a salary. ”