American Banana Co. v. United Fruit Co.
Supreme Court of the United States
ERROR TO THE CXRCUIT COURT OF APPEALS FOR THE SECOND circuit. The facts are stated in the opinion. The Circuit Court should have taken jurisdiction of this action. ' Section 7 of the Sherman Act expressly provides for the bringing of suits like the present one, “in anyCircuit Court of the United States in the district in which the defendant resides or is found.” See also § 2, Art. VI, Const.
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ERROR TO THE CXRCUIT COURT OF APPEALS FOR THE SECOND circuit. The facts are stated in the opinion. The Circuit Court should have taken jurisdiction of this action. ' Section 7 of the Sherman Act expressly provides for the bringing of suits like the present one, “in anyCircuit Court of the United States in the district in which the defendant resides or is found.” See also § 2, Art. VI, Const. U. S. The suit at bar is a civil suit, arising under the laws of the United States and a treaty made under its authority. It is brought to recover for injuries done by defendant, and declared unlawful by…
1Opinion of the CourtJustice Holmes
This is an action brought to recover threefold damages under the Act to Protect Trade against Monopolies. July 2, 1890, c. 647, § 7. 26 Stat. 209, 210. The Circuit Court dismissed the complaint upon motion, as not setting forth a cause of action. 160 Fed. Rep. 184. This judgment was affirmed by the Circuit Court Of Appeals, 166 Fed. Rep. 261, and the case then was brought to this court by writ of error.
The allegations of the complaint may be summed up as follows: The plaintiff is an Alabama corporation, organized in 1904. The defendant is a New Jersey corporation, organized in 1899. Long…
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