§ 29. — Appeals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC29]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 29. Appeals
(a) Court of appeals; review by Supreme Court
Except as otherwise expressly provided by this section, in every
civil action brought in any district court of the United States under
the Act entitled ``An Act to protect trade and commerce against unlawful
restraints and monopolies'', approved July 2, 1890, or any other Acts
having like purpose that have been or hereafter may be enacted, in which
the United States is the complainant and equitable relief is sought, any
appeal from a final judgement entered in any such action shall be taken
to the court of appeals pursuant to sections 1291 and 2107 of title 28.
Any appeal from an interlocutory order entered in any such action shall
be taken to the court of appeals pursuant to sections 1292(a)(1) and
2107 of title 28 but not otherwise. Any judgment entered by the court of
appeals in any such action shall be subject to review by the Supreme
Court upon a writ of certiorari as provided in section 1254(1) of title
28.
(b) Direct appeals to Supreme Court
An appeal from a final judgment pursuant to subsection (a) of this
section shall lie directly to the Supreme Court, if, upon application of
a party filed within fifteen days of the filing of a notice of appeal,
the district judge who adjudicated the case enters an order stating that
immediate consideration of the appeal by the Supreme Court is of general
public importance in the administration of justice. Such order shall be
filed within thirty days after the filing of a notice of appeal. When
such an order is filed, the appeal and any cross appeal shall be
docketed in the time and manner prescribed by the rules of the Supreme
Court. The Supreme Court shall thereupon either (1) dispose of the
appeal and any cross appeal in the same manner as any other direct
appeal authorized by law, or (2) in its discretion, deny the direct
appeal and remand the case to the court of appeals, which shall then
have jurisdiction to hear and determine the same as if the appeal and
any cross appeal therein had been docketed in the court of appeals in
the first instance pursuant to subsection (a) of this section.
(Feb. 11, 1903, ch. 544, Sec. 2, 32 Stat. 823; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272; June 25,
1948, ch. 646, Sec. 17, 62 Stat. 989; Pub. L. 93-528, Sec. 5, Dec. 21,
1974, 88 Stat. 1709.)
References in Text
The Act entitled ``An Act to protect trade and commerce against
unlawful restraints and monopolies'', approved July 2, 1890, referred to
in subsec. (a), is known as the Sherman Act, and is classified to
sections 1 to 7 of this title.
Codification
Section was previously set out in both this section and in section
45 of former Title 49, Transportation.
Amendments
1974--Pub. L. 93-528 substituted provisions for appeals to the court
of appeals from civil actions in district courts where equitable relief
is sought, review by the Supreme Court of judgments of courts of
appeals, and for direct appeals to the Supreme Court of cases involving
general public importance, for provisions that appeals from final
judgments of district courts lie to the Supreme Court only.
1948--Act June 25, 1948, amended section generally to strike out
provisions relating to time for appeal, procedure, etc. See sections
2101 and 2109 of Title 28, Judiciary and Judicial Procedure.
1944--Act June 9, 1944, provided for certification of case to
circuit court of appeals when there was no quorum of Justices of the
Supreme Court qualified to participate in the consideration of the case
and for designation of circuit judges in the event of disqualification
from hearing the case.
Change of Name
Act Mar. 3, 1911, which transferred the powers and duties of the
circuit courts to the district courts, substituted ``district court''
for ``circuit court''.
Effective Date of 1974 Amendment
Section 7 of Pub. L. 93-528 provided that: ``The amendment made by
section 5 of this Act [amending this section] shall not apply to an
action in which a notice of appeal to the Supreme Court has been filed
on or before the fifteenth day following the date of enactment of this
Act [Dec. 21, 1974]. Appeal in any such action shall be taken pursuant
to the provisions of section 2 of the Act of February 11, 1903 (32 Stat.
823), as amended (15 U.S.C. 29; [former] 49 U.S.C. 45) which were in
effect on the day preceding the date of enactment of this Act.''
Effective Date of 1948 Amendment
Section 38 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
Effective Date of 1944 Amendment
The last paragraph of act June 9, 1944, provided: ``This Act [this
section] shall apply to every case pending before the Supreme Court of
the United States on the date of its enactment [June 9, 1944].''
Short Title
Act Feb. 11, 1903, which enacted sections 28 and 29 of this title,
is commonly known as the ``Expediting Act''.
