KENNECOTT COPPER CORP.
v.
UNITED STATES

U.S. | 1965-06-01
No. 995
381 U.S. 414 Supreme Court of the United States (1965) Positive Treatment
Also reported at: 14 L. Ed. 2d 692 · 85 S. Ct. 1575 · 1965 U.S. LEXIS 2423 · SCDB 1964-130
Cited by 24 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion to affirm is granted and the judgment is affirmed. Brown Shoe Co. v. United States, 370 U. S. 294 and United States v. Aluminum Co. of America, 377 U. S. 271.

Dissent
Mr. Justice Harlan and Mr. Justice Goldberg,

Mr. Justice Harlan and Mr. Justice Goldberg,

dissenting.

We would note probable jurisdiction and set the case for argument. In so voting, we indicate no opinion on the merits. Under the Expediting Act, 32 Stat. 823, as amended, 15 U. S. C. § 29 (1964 ed.), this is appellant’s first and only appeal. So long as this statute remains on the books and Congress provides no intermediate review, see United States v. Singer Mfg. Co., 374 U. S. 174, 175, it is our view that the policy of the Act is, in general, best served by plenary rather than summary dispositions of such appeals. Ibid. Of course, if the question presented by an appeal is plainly insubstantial or directly governed by a controlling decision of this Court, summary disposition would still be appropriate. Since we do not believe that this can be said of this case, we would give plenary consideration to this appeal.

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  • Miss. River Corp. v. Fed. Trade Comm'n, 454 F.2d 1083 (8th Cir. 1972)
    …ion ; (5) the trend toward vertical integration; and (6) the barriers to entry by new firms. F. T. C. v. Consolidated Foods, 380 U.S. 592, 85 S.Ct. 1220, 14 L.Ed.2d 95; United States v. Kennecott Copper Corp., 231 F.Supp. 95 (SDNY) aff’d per curiam, 381 U.S. 414, 85 S.Ct. 1575, 14 L.Ed.2d 692; Brown Shoe Co. v. United States, supra; United States Steel Corporation v. F. T. C., supra. The Commission found anticompetitive effects in each of the factors and we are satisfied that the conclusions of the Commissi…
  • Frederick L. v. Thomas, 578 F.2d 513 (3d Cir. 1978)
    …r, 340 U-S. [*519] 602, 71 S.Ct. 508, 95 L.Ed. 573 (1951). The benefit to the federal court from the enlightenment offered by the state court in that case was, to me at least, imperceptible. In United States v. Leiter Minerals, Inc., 381 U.S. 413, 85 S.Ct. 1575, 14 L.Ed.2d 692 (1965), the case was dismissed as moot eight years after abstention was ordered. I will not attempt here a complete catalogue of the procedural horrors which have grown out of Pullman. One illustration in this circuit is typical. In…
  • Fruehauf Corp. v. Fed. Trade Comm'n, 603 F.2d 345 (2d Cir. 1979)
    …603 (6th Cir. 1970); United States v. Ford Motor Co., 315 F.Supp. 372, 375 (E.D.Mich.1970), aff'd, 405 U.S. 562, 92 S.Ct. 1142, 31 L.Ed.2d 492 (1972); United States v. Kennecott Copper Corp., 231 F.Supp. 95, 103-05 (S.D.N.Y.1964), aff'd per curiam, 381 U.S. 414, 85 S.Ct. 1575, 14 L.Ed.2d 692 (1965); Ash Grove Cement Co., 85 F.T.C. 1123, 1165-66 (1975), aff’d, 577 F. 2d 1368 (9th Cir. 1978). . See text at note 12, supra. . See United States Steel Corp., supra, 426 F. 2d at 603-04; Reynolds Metal Co. v. FT…

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