Melrose Distillers, Inc. v. United States, 359 U.S. 271 (1959)

Melrose Distillers, Inc. v. United States


No. 404


Argued March 30, 1959
Decided April 20, 1959
359 U.S. 271

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

Petitioners, two Maryland corporations and a Delaware corporation, were indicted in a Federal District Court for restraining trade and conspiring and attempting to monopolize commerce in violation of §§ 1 and 2 of the Sherman Act. They were dissolved under their respective state statutes, and moved to dismiss the indictment on the ground that their dissolution abated the proceeding.

Held: under the applicable Maryland and Delaware statutes, their corporate lives were sufficiently continued to make them "existing" corporations within the meaning of § 8 of the Sherman Act, so that the proceeding did not abate. Pp. 271-274.

258 F.2d 726 affirmed.