UNITED STATES V. COOPER CORP., 312 U. S. 600 (1941)

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U.S. Supreme Court

United States v. Cooper Corp., 312 U.S. 600 (1941)

United States v. Cooper Corporation

No. 484

Argued March 6, 1941

Decided March 31, 1941

312 U.S. 600


1. While the United States is a juristic person in the sense that it can sue upon its contracts or in vindication of its property rights, the term "person" does not include the sovereign in common usage nor, ordinarily, when employed in statutes. P. 312 U. S. 604.

2. The Sherman Antitrust Act, in creating new rights and remedies, allowed two classes of actions -- those made available only to the Government and a right of action for treble damages granted to redress private injury. P. 312 U. S. 608.

3. Section 7 of the Act, granting the right of action for treble damages, to "any person" injured in his business or property by "any other person or corporation" by reason of anything forbidden by the Act, does not give the United States a civil action for damages. P. 312 U. S. 606 et seq.

The text of the Act, taken in its natural and ordinary sense, makes against the extension of the term "person" to include the United States, and the usual aids to construction support this conclusion.

114 F.2d 413 affirmed.

Certiorari, 311 U.S. 639, to review the affirmance of a judgment of the District Court, 31 F.Supp. 848, dismissing the complaint in an action by the United States to recover treble damages under § 7 of the Sherman Act.

Page 312 U. S. 603

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