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Ayrshire Collieries Corp v. United States, 331 U.S. 132 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ayrshire Collieries Corp v. United States, 331 U.S. 132 (1947)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 331 U.S. 125, click here.
Ayrshire Collieries Corp v. United States No. 467 Argued April 7, 8, 1947 Decided April 28, 1947 331 U.S. 132
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF INDIANA
Syllabus
1. Under the provision of the Urgent Deficiencies Act of October 22, 1913, 28 U.S.C. § 47, requiring that an application to enjoin or set aside any order of the Interstate Commerce Commission be "heard and determined" by three judges, a judgment based upon a determination by only two judges is void -- even though all three judges were present at the hearing and one of them was prevented by illness from participating in the determination of the case. Pp. 135-139.
2. The fact that a prayer for an interlocutory injunction was not pressed and that the decision was only on an application for a permanent injunction makes no difference, since the statutory requirement that three judges hear and determine an application applies to suits for permanent, as well as interlocutory, injunctions. Judicial Code § 266 distinguished. Pp. 139-144.
Judgment vacated and appeal dismissed.
Two judges of a three-judge court, during the absence of the third, denied a permanent injunction against enforcement of an order of the Interstate Commerce Commission. On appeal to this Court, the judgment is vacated, and the appeal is dismissed. P. 144.
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Chicago: U.S. Supreme Court, "Syllabus," Ayrshire Collieries Corp v. United States, 331 U.S. 132 (1947) in 331 U.S. 132 331 U.S. 133. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=238YRDBK3QPIHR1.
MLA: U.S. Supreme Court. "Syllabus." Ayrshire Collieries Corp v. United States, 331 U.S. 132 (1947), in 331 U.S. 132, page 331 U.S. 133. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=238YRDBK3QPIHR1.
Harvard: U.S. Supreme Court, 'Syllabus' in Ayrshire Collieries Corp v. United States, 331 U.S. 132 (1947). cited in 1947, 331 U.S. 132, pp.331 U.S. 133. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=238YRDBK3QPIHR1.
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