Page:United States Statutes at Large Volume 52.djvu/154

 52 STAT.] 75TH CONG., 3D SESS.-CH. 49-MAR. 21, 1938 of the entire record in the proceeding, including all the evidence taken and the report and order of the Commission. Upon such filing Jurisdiction. of the petition and transcript the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, evidence, and proceed- ings set forth in such transcript a decree affirming, modifying, or setting aside the order of the Commission, and enforcing the same to the extent that such order is affirmed, and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite. The Findngs a s to facts findings of the Commission as to the facts, if supported by evidence, shall be conclusive. To the extent that the order of the Commission Court order. is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the Commission. If either Leave to adduce party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Com- mission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the by odfication oetcf facts, or make new findings, by reason of the additional evidence findings as tofact. so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and Judgment and decree final; review decree of the court shall be final, except that the same shall be sub- by Supreme Court. ject to review by the Supreme Court upon certiorari, as provided in 36 Stat. c157. section 240 of the Judicial Code. "(d) The jurisdiction of the circuit court of appeals of the United iExclusive jurtidic- States to affirm, enforce, modify, or set aside orders of the Commis- appeals. sion shall be exclusive. "(e) Such proceedings in the circuit court of appeals shall be given Proceedings given precedence over other cases pending therein, and shall be in every way expedited. No order of the Commission or judgment of court to enforce the same shall in anywise relieve or absolve any person, part- nership, or corporation from any liability under the Antitrust Acts. "(f) Complaints, orders, and other processes of the Commission Serviceof processes. under this section may be served by anyone duly authorized by the Commission, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the residence or the principal office or place of business of such person, partnership, or corporation; or (c) by registering and mailing a copy thereof addressed to such person, partnership, or corporation at his or its residence or principal office or place of business. The proof servieturn; verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same. "(g) An order of the Commission to cease and desist shall become iCommission's order final- "(1) Upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; but the Commission may thereafter modify or set aside its order to the extent provided in the last sentence of subsection (b); or
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Upon expiration of time for filing petition for review. 113

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