United States v. Wayne Pump Co., 317 U.S. 200 (1942)

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United States v. Wayne Pump Co.

Nos. 81 and 82

Argued November 16, 1942
Decided December 7, 1942
317 U.S. 200

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

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. 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. 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.