United States v. Fruehauf, 365 U.S. 146 (1961)

United States v. Fruehauf

No. 91

Argued January 11, 1961
Decided February 20, 1961
365 U.S. 146

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Several employers were indicted in substantially the language of the statute for violating § 302 of the Labor Management Relations Act, 1947, by paying and delivering a sum of money to the president of a labor organization representing some of their employees who were engaged in an industry affecting commerce; and the president of the labor organization was indicted, substantially in the language of the statute, for having received and accepted the sum of money from the employers. The District Judge ruled that a trial memorandum filed by the Government constituted a judicial admission that the transaction was a loan, and he dismissed the indictment on the ground that the statute did not apply to a loan. The Government appealed directly to this Court under 18 U.S.C. § 3731, and the sole question presented in its jurisdictional statement was "whether a loan of money comes within the . . . prohibitions" of § 302. After argument, the Solicitor General made representations to the Court which indicated that he considered the Government free, in the event of remand, to prove under the indictment that the transaction came within the statute by virtue of its particular facts, from which it might have been found that it lacked various characteristics of a bona fide loan.

Held: inasmuch as the record before this Court presents only an abstract question, the ruling dismissing the indictment is set aside, and the case is remanded for trial upon the indictment. Pp. 147-159.

Judgment set aside and case remanded.