|
|
United States v. Scophony Corp., 333 U.S. 795 (1948)
Contents:
Show Summary
Hide Summary
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. Scophony Corp., 333 U.S. 795 (1948)
United States v. Scophony Corporation of America No. 41 Argued January 12-13, 1948 Decided April 26, 1948 333 U.S. 795
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
A British corporation with its principal place of business in London engaged in the Southern District of New York in various but continuing efforts to conserve and exploit its television inventions and patents. This was done through a series of complex contractual arrangements made with certain American corporations, and involved the British company’s constant intervention and supervision. The company was represented in the New York district by two of its directors, one of whom held a comprehensive power of attorney to protect its interests in the United States.
Held: the company was "transacting business" and was "found" in the Southern District of New York, within the meaning of § 12 of the Clayton Act, so that it could be sued and served there in a civil proceeding charging violations of §§ 1 and 2 of the Sherman Act. Pp. 796-818.
(a) The venue provision of § 12 of the Clayton Act permitting suit in any district wherein a corporation "transacts business" is met by the carrying on of business "of any substantial character." Practical, nontechnical business or commercial standards are to be applied in determining whether the requirement is satisfied. P. 810.
(b) Section 12 of the Clayton Act is not to be construed in a manner to bring back the obstacles to enforcement of antitrust policies and remedies which it was enacted to eliminate. In this case, the determination whether the British corporation was "found" within the Southern District of New York so that it could be served there is not to be made by atomizing the enterprise into minute parts or events, in disregard of the unity and continuity of the whole course of conduct. P. 817.
69 F.Supp. 666 reversed.
In a civil proceeding brought in the Southern District of New York under § 12 of the Clayton Act and charging violations of §§ 1 and 2 of the Sherman Act, the District Court quashed service of process and dismissed the complaint as to a British corporation having its principal place of business in London. 69 F.Supp. 666. On direct appeal to this Court, reversed and remanded, p. 818.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Scophony Corp., 333 U.S. 795 (1948) in 333 U.S. 795 333 U.S. 796. Original Sources, accessed April 17, 2025, http://originalsources.com/Document.aspx?DocID=WGGU6WHKMMUPY9U.
MLA: U.S. Supreme Court. "Syllabus." United States v. Scophony Corp., 333 U.S. 795 (1948), in 333 U.S. 795, page 333 U.S. 796. Original Sources. 17 Apr. 2025. http://originalsources.com/Document.aspx?DocID=WGGU6WHKMMUPY9U.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Scophony Corp., 333 U.S. 795 (1948). cited in 1948, 333 U.S. 795, pp.333 U.S. 796. Original Sources, retrieved 17 April 2025, from http://originalsources.com/Document.aspx?DocID=WGGU6WHKMMUPY9U.
|