United States v. W. T. Grant Co. et al. (345 U.S. 629)
U.S. Supreme Court · decided May 25, 1953 · Supreme Court Database (Spaeth)
- Citation
- 345 U.S. 629 · 73 S. Ct. 894
- Decided
- May 25, 1953
- Term
- October Term 1952
- Vote
- 7–2
- Majority author
- Justice Clark
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Clark delivered the opinion of the Court. For the first time since the enactment of the Clayton Act in 1914 the Court is called upon to consider § 8’s prohibitions against interlocking corporate directorates. The Government appeals from judgments dismissing civil actions brought against Hancock and three pairs of corporations which he served as a director, W. T. Grant Co. and S. H. Kress & Co., Sears Roebuck & Co. and Bond Stores, Inc., and Kroger Co. and Jewel Tea Co., Inc. Alleging that the size and competitive relationship of each set of companies brought the interlocks within the reach of § 8, the complaints asked the court to order the particular interlocks terminated and to enjoin future violations of § 8 by the individual and corporate defendants. Soon after the complaints were filed, Hancock resigned from the boards of Kress, Kroger and Bond. Disclosing the resignations by affidavit, all of the defendants then moved to dismiss the actions as moot. Treated as motions for summary judgment, they were granted by the District Judge. He concluded that there is not “the slightest threat that the defendants will attempt any future activity in violation of Section 8 [if they have violated it already] . . . .” 112 F. Supp. 336, 338. The Government brought this direct appeal under § 2 of the Expediting Act, 32 Stat. 823, as amended, 62 Stat. 989, 15 U. S. C. (Supp.…
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