United States v. Shubert et al. (348 U.S. 222)
U.S. Supreme Court · decided January 31, 1955 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 222 · 75 S. Ct. 277
- Docket
- No. 36
- Argued
- November 9, 1954
- Decided
- January 31, 1955
- Term
- October Term 1954
- Vote
- 8–0
- Majority author
- Justice Warren
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Warren (wrote), Justice Black, Justice Douglas, Justice Clark, Justice Frankfurter, Justice Burton (wrote a concurrence), Justice Reed (joined a concurrence)
- Concurring in the judgment
- Justice Minton (wrote)
Opinion excerpt
Mr. Chief Justice Warren delivered the opinion of the Court. This is a civil antitrust action brought by the Government in the United States District Court for the Southern District of New York. Named as defendants are Lee Shubert, Jacob J. Shubert, Marcus Heiman, and three corporations controlled by them. The defendants are principally engaged in the business of producing legitimate theatrical attractions, booking legitimate attractions in theatres throughout the United States, and operating approximately 40 theatres in eight states for the presentation of legitimate attractions. The Government’s complaint charges that the defendants, in the course of this business, have violated §§ 1 and 2 of the Sherman Act. On the defendants’ motion, after this Court’s decision in Toolson v. New York Yankees, 346 U. S. 356, the District Court dismissed the Government’s complaint on the authority of the Toolson decision, and Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U. S. 200. The case is here on direct appeal under the Expediting Act, 15U.S.C. §29. The Government’s complaint, which is summarized in an appendix to this opinion, describes the interstate phases of the defendants’ theatrical business in considerable detail. It concludes that the business of producing, booking, and presenting legitimate attractions requires “a constant,…
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