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United States v. Cooper Corp., 312 U.S. 600 (1941)
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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. Cooper Corp., 312 U.S. 600 (1941)
United States v. Cooper Corporation No. 484 Argued March 6, 1941 Decided March 31, 1941 312 U.S. 600
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. While the United States is a juristic person in the sense that it can sue upon its contracts or in vindication of its property rights, the term "person" does not include the sovereign in common usage nor, ordinarily, when employed in statutes. P. 604.
2. The Sherman Antitrust Act, in creating new rights and remedies, allowed two classes of actions -- those made available only to the Government and a right of action for treble damages granted to redress private injury. P. 608.
3. Section 7 of the Act, granting the right of action for treble damages, to "any person" injured in his business or property by "any other person or corporation" by reason of anything forbidden by the Act, does not give the United States a civil action for damages. P. 606 et seq.
The text of the Act, taken in its natural and ordinary sense, makes against the extension of the term "person" to include the United States, and the usual aids to construction support this conclusion.
114 F.2d 413 affirmed.
Certiorari, 311 U.S. 639, to review the affirmance of a judgment of the District Court, 31 F.Supp. 848, dismissing the complaint in an action by the United States to recover treble damages under § 7 of the Sherman Act.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Cooper Corp., 312 U.S. 600 (1941) in 312 U.S. 600 312 U.S. 603. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WWCLYKJN7XSRAQK.
MLA: U.S. Supreme Court. "Syllabus." United States v. Cooper Corp., 312 U.S. 600 (1941), in 312 U.S. 600, page 312 U.S. 603. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WWCLYKJN7XSRAQK.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Cooper Corp., 312 U.S. 600 (1941). cited in 1941, 312 U.S. 600, pp.312 U.S. 603. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WWCLYKJN7XSRAQK.
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