United States v. Wayne Pump Co.Annotate this Case
317 U.S. 200 (1942)
U.S. Supreme Court
United States v. Wayne Pump Co., 317 U.S. 200 (1942)
United States v. Wayne Pump Co.
Nos. 81 and 82
Argued November 16, 1942
Decided December 7, 1942
317 U.S. 200
1. The decision of the District Court in these cases, sustaining demurrers to indictments for violations of the Sherman Act, was based not only on the construction of the statute, but also on the independent ground of the insufficiency of the indictments as pleadings, and therefore was not appealable directly to this Court under the Criminal Appeals Act. P. 317 U. S. 207.
2. The amendment by Act of May 9, 1942, of the Criminal Appeals Act, which for the first time permits appeals to the Circuit Courts of Appeals from orders sustaining demurrers to indictments in cases not directly appealable to this Court, and which directs that such appeals, when erroneously taken to this Court, shall be remanded to the Circuit Court of Appeals, is not retrospective in operation, and is inapplicable to appeals for which, when taken, there was no statutory authority. P. 317 U. S. 209.
44 F.Supp. 949, appeals dismissed.
Appeals from judgments of the District Court in two cases, heard together, sustaining demurrers to indictments for violations of the Sherman Antitrust Act.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.