§ 29. Appeals

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1903

   Pub. L. 57–544 § 2 · 32 Stat. 823

   Enacted · 15 U.S.C. § 29

   Feb. 11, 1903, ch. 544, § 2, 32 Stat. 823

   Source evidence

   Code source credit
   Feb. 11, 1903, ch. 544, § 2, 32 Stat. 823

   Enacted provision · exact public law section
   Sec. 2. That in every suit in equity pending or hereafter brought Appeal direct to Supreme Court, in any circuit court of the United States under any of said Acts, wherein the United States is complainant, including cases submitted but not vet decided, an appeal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an Proviso. Pending appeals. appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this Act takes effect, the ease shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided bylaw.

2. 1974

   Antitrust Procedures and Penalties Act

   Pub. L. 93–528 § 5 · 88 Stat. 1706

   Substituted · 15 U.S.C. § 29

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 5. Section 2 of that Act (15 U.S.C. 29; 49 U.S.C. 45) is amended to read as follows: “(a) Except as otherwise expressly provided by this section, in Appeals. 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 judgment entered in any such action shall be taken to the court, of appeals pursuant to sections 1291 and 2107 of title 28 of the United States Code. 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 of the United States Code but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review Supreme Court review. by the Supreme Court upon a writ of certiorari as provided in section 1254(1) of title 28 of the United States Code. “(b) An appeal from a final judgment pursuant to subsection (a) Appeal. shall be 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 Notice. 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).”

   Effective date note
   Pub. L. 93–528, § 7, Dec. 21, 1974, 88 Stat. 1710, 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.”

2 of 2 references resolved to an enrolled provision