United States v. FMC Corporation
| Citation | 321 F.2d 534 |
| Decision Date | 30 July 1963 |
| Docket Number | No. 18753.,18753. |
| Parties | UNITED STATES of America, Appellant, v. FMC CORPORATION and American Viscose Corporation, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
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.
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, 108 F.2d 614, 615; National Ass'n. of Real Estate Boards v. United States, 85 U.S.App.D.C. 165, 176 F.2d 631; United States v. American Society of Composers, Authors & Publishers, 2 Cir., 1963, 317 F.2d 90. We are unable to agree with the contrary decision of the Third Circuit in United States v. Ingersoll-Rand Co., 1963, 320 F.2d 509 (June 5, 1963).
The stay granted by the order of June 27, 1963, is dissolved. The appeal is dismissed for...
To continue reading
Request your trial
-
Hamilton v. Nakai
...This court has indicated that it lacks jurisdiction in the face of a similar statutory provision. See, e. g., United States v. F M C Corp., 9 Cir., 1963, 321 F.2d 534. However, for the reasons set out in Part IV of this opinion, we hold that the Hopi's petition should properly be acted upon......
-
Tidewater Oil Co v. United States
...leave to prosecute the appeal. That court, however, denied the application relying solely on its previous decision in United States v. FMC Corp., 321 F.2d 534 (1963). There an attempt was made to appeal an interlocutory order denying a preliminary injunction in a Government civil antitrust ......
-
Federal Trade Commission v. Dean Foods Company
...for preliminary relief took five days. See also United States v. FMC Corp., 218 F.Supp. 817 (D.C.N.D.Cal.), appeal dismissed 321 F.2d 534 (C.A.9th Cir.), application for preliminary injunction denied, 84 S.Ct. 4, 11 L.Ed.2d 20 (1963) (Goldberg, J., in 1. Hearings before the Antitrust Subcom......
-
United States v. International Telephone & Tel. Corp.
...a government antitrust suit brought under Section 7. United States v. Cities Service Co., 410 F.2d 662 (1 Cir. 1969); United States v. FMC Corp., 321 F.2d 534 (9 Cir. 1963), government petition for preliminary injunction pending cert. denied by Goldberg, J., 84 S.Ct. 4 (1963); cf. Brown Sho......