United States v. Diebold, 369 U.S. 654 (1962)

United States v. Diebold

No. 286

Argued April 23, 1962
Decided May 14, 1962
369 U.S. 654

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

In this civil antitrust action by the Government challenging respondent’s acquisition of the assets of another corporation as being violative of § 7 of the Clayton Act, the affidavits, exhibits and depositions before the District Court raised a genuine issue as to ultimate facts material to the question whether the acquired corporation was a "failing company" under the doctrine of International Shoe Co. v. Federal Trade Comm’n, 280 U.S. 291, and it was improper for the District Court to decide the applicability of that doctrine and dismiss the case on a motion for summary judgment. Pp. 654-655.

197 F.Supp. 902 reversed.