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Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916)
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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.
Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916)
Fleitmann v. Welsbach Street Lighting Company Nos. 145 , 146 Argued December 17, 1915 Decided January 24, 1916 240 U.S. 27
APPEALS FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
When the penalty of triple damages is sought under § 7 of the Anti-Trust Act, the liability can only be enforced through the verdict of a jury in a court of common law.
While, under the Act of October 15, 1914, private parties can obtain an injunction against threatened loss, that act, in terms, goes no farther.
A suit in equity by a single stockholder of a corporation against that and other corporations to require the latter to pay to the former threefold damages under § 7 of the Sherman Act cannot be maintained, nor, in such a case, can there be a decree requiring the corporation of which plaintiff is a stockholder to sue the other corporations or permitting him to sue in its name and on its behalf.
211 F. 103 affirmed.
The facts, which involve the right of a single stockholder to maintain a suit against the corporation under § 7 of the Sherman Act, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916) in 240 U.S. 27 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TX1C1W811BGJQE9.
MLA: U.S. Supreme Court. "Syllabus." Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916), in 240 U.S. 27, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TX1C1W811BGJQE9.
Harvard: U.S. Supreme Court, 'Syllabus' in Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916). cited in 1916, 240 U.S. 27. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TX1C1W811BGJQE9.
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