Expediting Act Amendments: Hearings, Ninetieth Congress, Second Session, Pursuant to S. Res. 233 on S. 2721 and S. 2806-2812 ... April 16 and 18, 1968 |
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Common terms and phrases
32 Stat Act of February amend the Expediting American Bar Association anti Antitrust Division antitrust laws antitrust suits appellate review Brown Shoe Brown Shoe Co burden certification Chairman CHUMBRIS circuit court Committee Cong CONGRESS THE LIBRARY court of appeals decision defendant Department of Justice direct appeal provision direct review directly district judge enacted Expediting Act February 11 Federal Trade Commission filed final judgment Gesell Government antitrust government civil antitrust granted hearing immediate review interlocutory appeal interlocutory orders intermediate appeal Interstate Commerce Act involved issues Judicial Conference Judiciary jurisdiction Justice Department LIBRARY OF CONGRES LIBRARY OF CONGRESS litigation matter MATTSON McLAREN merger opinion party preliminary injunction procedure proposal public importance pursuant question of law record repeal the Expediting rule Senator HART Senator Tydings Sess Sherman Act Singer Mfg single district single-judge statement statute subcommittee supra note Supreme Court review three-judge district court tion title 28 United States Code
Popular passages
Page 140 - When a district judge. In making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an Immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.
Page 72 - An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies...
Page 35 - States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate...
Page 21 - SEC. 2. That in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court...
Page 74 - In any case that involves the construction or application of the Constitution of the United States. In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question.
Page 35 - Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court...
Page 61 - A writ of certiorari to review a case pending in a court of appeals, before judgment is given in such court, will be granted only upon a showing that the case is of such imperative public importance as to justify the deviation from normal appellate processes and to require immediate settlement in this court.
Page 25 - ... appellate consideration by this Court, as compared with those in a variety of other areas of federal law. And under modern conditions it may well be doubted whether direct review of such cases by this Court truly serves the purpose of expedition which underlay the original passage of the Enabling Act. I venture to predict that a critical reappraisal of the problem would lead to the conclusion that "expedition...
Page 35 - Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court...
Page 124 - As a charter of freedom, the Act has a generality and adaptability comparable to that found to be desirable in constitutional provisions.