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Shenandoah Valley Broadcasting, Inc. v. Ascap, 375 U.S. 39 (1963)
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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.
Shenandoah Valley Broadcasting, Inc. v. Ascap, 375 U.S. 39 (1963)
Shenandoah Valley Broadcasting, Inc. v. American Society of Composers, Authors, and Publishers No. 323 Decided October 21, 1963 375 U.S. 39
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE SECOND CIRCUIT
Syllabus
In a suit by the United States under the Sherman Act, the District Court entered a decree requiring respondent, inter alia, to "grant to any user making written application therefor a nonexclusive license to perform all of the compositions" in respondent’s repertory subject to a reasonable license fee. On request of petitioners for a license, respondent refused to fix a fee. Pursuant to the decree, petitioners applied to the District Court for an order fixing a reasonable fee. The District Court found that the decree did not require respondent to issue the type of license petitioners had requested, and it dismissed the application. Petitioners appealed to the Court of Appeals, and also appealed directly to this Court under § 2 of the Expediting Act, 15 U.S.C. § 29. This Court dismissed the direct appeal to it "for want of jurisdiction." 371 U.S. 540. Thereafter, the Court of Appeals dismissed the appeal to it on the ground that all such appeals are "routed" to this Court by the Expediting Act.
Held: An appeal from an ancillary order of this type is not within the Expediting Act, and an appeal does lie to the Court of Appeals under 28 U.S.C. § 1291 . Pp. 39-41.
317 F.2d 90, certiorari granted; reversed, and cause remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Shenandoah Valley Broadcasting, Inc. v. Ascap, 375 U.S. 39 (1963) in 375 U.S. 39 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=R6P8QKA4I7BI62J.
MLA: U.S. Supreme Court. "Syllabus." Shenandoah Valley Broadcasting, Inc. v. Ascap, 375 U.S. 39 (1963), in 375 U.S. 39, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=R6P8QKA4I7BI62J.
Harvard: U.S. Supreme Court, 'Syllabus' in Shenandoah Valley Broadcasting, Inc. v. Ascap, 375 U.S. 39 (1963). cited in 1963, 375 U.S. 39. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=R6P8QKA4I7BI62J.
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