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United State v. Boston & Maine R., 380 U.S. 157 (1965)
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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.
United State v. Boston & Maine R., 380 U.S. 157 (1965)
United State v. Boston & Maine Railroad No. 232 Argued January 21, 1965 Decided March 8, 1965 380 U.S. 157
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
Syllabus
Appellees, a railroad and three of its officers, were indicted under §10 of the Clayton Act for participating in the noncompetitive sale of equipment to another corporation in which the officers had a "substantial interest," described in a bill of particulars as an agreement for substantial payment to the individual appellees for effecting the sale. Holding that § 10 applies to a "then present legal interest," and not one dependent on the outcome of an illegal plan, the District Court dismissed the indictment.
Held:
1. Under the strict construction applicable to a criminal statute, the words "substantial interest" in § 10 presuppose not bribery (which the indictment here in effect charges) under a conflict of interest law, but either an existing investment in the purchaser, the creation of the purchaser for the use of those acting for the seller, or a joint venture or continued course of dealings for profit sharing with the purchaser, each of which would be within the concept of this antitrust statute. Pp. 160-162.
2. Since an amended bill of particulars may be filed under Rule 7(f) of the Federal Rules of Criminal Procedure, the case is vacated and remanded. P. 162.
225 F.Supp. 577, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," United State v. Boston & Maine R., 380 U.S. 157 (1965) in 380 U.S. 157 380 U.S. 158. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=23LZSKQY84TGMKW.
MLA: U.S. Supreme Court. "Syllabus." United State v. Boston & Maine R., 380 U.S. 157 (1965), in 380 U.S. 157, page 380 U.S. 158. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=23LZSKQY84TGMKW.
Harvard: U.S. Supreme Court, 'Syllabus' in United State v. Boston & Maine R., 380 U.S. 157 (1965). cited in 1965, 380 U.S. 157, pp.380 U.S. 158. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=23LZSKQY84TGMKW.
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