United States v. Swift & Co., 318 U.S. 442 (1943)
U.S. Supreme CourtUnited States v. Swift & Co., 318 U.S. 442 (1943)
United States v. Swift & Co.
Argued February 11, 12, 1943
Decided March 15, 1943
318 U.S. 442
1. The decision of the District Court in this case, setting aside an indictment for violation of the Sherman Act, rests not alone upon a construction of the statute, but also upon the independent ground of the insufficiency of the indictment as a pleading, and it is therefore not appealable directly to this Court under the Criminal Appeals Act. P. 318 U. S. 444.
2. Pursuant to the Act of May 9, 1942, the cause is remanded to the Circuit Court of Appeals, which thereupon will have authority to pass upon the construction of both the indictment and the statute. P. 318 U. S. 445.
Remanded to the C.C.A.
Appeal from a Judgment, 46 F. Supp. 848, dismissing an indictment for violation of the Sherman Act.