United States of America, Appellant, v. Fmc Corporation and American Viscose Corporation, Appellees., 321 F.2d 534 (9th Cir. 1963)
Federal Circuits, 9th Cir. (July 30, 1963)
Docket number: 18753
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U.S. Code - Title 15: Commerce and Trade - 15 USC 29 - Sec. 29. Appeals
U.S. Code - Title 15: Commerce and Trade - 15 USC 25 - Sec. 25. Restraining violations; procedure
RSSU.S. Supreme Court - Tidewater Oil Co. v. United States, 409 U.S. 151 (1972)
U.S. Court of Appeals for the 9th Cir. - Clarence Hamilton, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the Hopi Indian Tribe, Including all Villages and Clans Thereof, and on Behalf of Any and all Hopi Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882, Plaintiff-Appellant, v. Raymond Nakai, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe for and on Behalf of the Navajo Indian Tribe, Including all Villages and Clans Thereof and on Behalf of Any and all Navajo Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882; John N. Mitchell, Attorney General of the United States, on Behalf of the United States, Defendants-Appellees., 453 F.2d 152 (9th Cir. 1972) Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the Hopi Indian Tribe, Including all Villages and Clans Thereof, and on Behalf of Any and all Hopi Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882, Plaintiff-Appellant, v. Raymond Nakai, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe for and on Behalf of the Navajo Indian Tribe, Including all Villages and Clans Thereof and on Behalf of Any and all Navajo Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882; John N. Mitchell, Attorney General of the United States, on Behalf of the United States, Defendants-Appellees.
U.S. Supreme Court - FTC v. Dean Foods Co., 384 U.S. 597 (1966)
William H. Orrick, Jr., Asst. Atty. Gen., Robert L. Wright, Robert B. Hummel, Lionel Kestenbaum, Joel E. Hoffman, Lewis Bernstein, Nicolaus Bruns, Jr., and Carl D. Lobell, Attys., Anti-Trust Division, Dept. of Justice, Washington, D. C.; Lyle L. Jones, Atty., Anti-Trust Div., Dept. of Justice, San Francisco, Cal., for appellant.
Pillsbury, Madison & Sutro, Francis R. Kirkham and William E. Mussman, San Francisco, Cal., for appellee FMC Corp.Simpson Thacher & Bartlett, Whitney North Seymour and William J. Manning, New York City, for appellee American Viscose Corp.Before HAMLEY and DUNIWAY, Circuit Judges and MATHES, District Judge.DUNIWAY, Circuit Judge.This is an appeal, purportedly taken under 28 U.S.C. 1292(a) (1), from an order denying a motion for a preliminary injunction. The action was brought by the United States under section 15 of the Clayton Act (15 U.S.C. 25) to enjoin the acquisition by one of the appellees of the "operating assets" of the other, as being in violation of section 7 of the Clayton Act (15 U.S.C. 18). On June 27, 1963, this court granted a stay, pending appeal.We are of the opinion that we lack jurisdiction of this appeal, by reason of the provisions of the Expediting Act of 1903 (C. 544, 32 Stat. 823) now 15 U.S.C. 29. See: United States v. California Cooperative Canneries, 1929, 279 U. S. 553, 558, 49 S.Ct. 423, 73 L.Ed. 838; Allen Calculators, Inc. v. National Cash Register Co., 1944, 322 U.S. 137, 142, 64 S.Ct. 905, 88 L.Ed. 1188; United States Alkali Export Assn. v. United States, 1945, 325 U.S. 196, 201-202, 65 S.Ct. 1120, 89 L.Ed. 1554; De Beers Mines v. United States, 1945, 325 U.S. 212, 217, 65 S.Ct. 1130, 89 L.Ed. 1566; Brown Shoe Co. v. United States, 1962, 370 U.S. 294, 305, 82 S.Ct. 1502, 8 L.Ed. 2d 510; Missouri-Kansas Pipe Line Co. v. United States, 3 Cir., 1939,Try vLex for FREE for 3 days
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