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United States v. Shubert, 348 U.S. 222 (1955)
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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 States v. Shubert, 348 U.S. 222 (1955)
United States v. Shubert No. 36 Argued November 9-10, 1954 Decided January 31, 1955 348 U.S. 222
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
In a civil antitrust action brought by the Government to restrain alleged violations of §§ 1 and 2 of the Sherman Act, the complaint alleged, inter alia, that the defendants are engaged in the business of producing, booking and presenting legitimate theatrical attractions on a multistate basis; that this business requires a constant, continuous stream of interstate trade and commerce; and that the defendants have restrained this trade and commerce and have monopolized certain phases of it.
Held: the complaint states a cause of action, and the Government is entitled to an opportunity to prove its allegations. Pp. 223-231.
(a) As described in the complaint, defendants’ business of producing, booking and presenting legitimate theatrical attractions on a multistate basis constitutes "trade or commerce" that is "among the several States" within the meaning of the Sherman Act. Pp. 225-227.
(b) Hart v. Keith Vaudeville Exchange, 262 U.S. 271, followed. Federal Baseball Club v. National League, 259 U.S. 200, and Toolson v. New York Yankees, 346 U.S. 356, distinguished. Pp. 227-230.
(c) The Federal Baseball and Toolson decisions afford no basis for a conclusion that all businesses built around the performance of local exhibitions are exempt from the Sherman Act. Pp. 227-230.
120 F.Supp. 15 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Shubert, 348 U.S. 222 (1955) in 348 U.S. 222 348 U.S. 223. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=GK7FNBYQQ3KKGZT.
MLA: U.S. Supreme Court. "Syllabus." United States v. Shubert, 348 U.S. 222 (1955), in 348 U.S. 222, page 348 U.S. 223. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GK7FNBYQQ3KKGZT.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Shubert, 348 U.S. 222 (1955). cited in 1955, 348 U.S. 222, pp.348 U.S. 223. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=GK7FNBYQQ3KKGZT.
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