Page:United States Statutes at Large Volume 56 Part 1.djvu/227

 77TH CONG., 2D SESS.-CH. 210 -APR. 6, 1942 determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', 'An Act to regulate commerce', approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may hereafter be enacted", approved February 11, 1903 (32 Stat. 823; U. S. C ., 1940 edition, title 15, section 28 and title 49, section 44), is amended to read as follows: "That in any 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, 'An Act to regulate commerce', approved February 4, 1887, or any other Acts having a like purpose that hereafter may be enacted, wherein the United States is plaintiff, the Attorney Gen- eral may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to the senior circuit judge (or in his absence, the presiding circuit judge) of the circuit in which the case is pending (including the District of Columbia). Upon receipt of the copy of such certificate, it shall be the duty of the senior circuit judge or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to par- ticipate in the hearing and determination thereof, and to cause the case to be in every way expedited." SEc. 2. The amendment made by section 1 of this Act shall not apply to any case with respect to which the Attorney General has filed a certificate prior to the date of the enactment of this Act and in which the court has already been constituted. SEC. 3 . In any action in a district court wherein the action of three judges is required for the hearing and determination of an applica- tion for interlocutory injunction and for the final hearing by reason of the provisions of section 266 of the Judicial Code, the Act of October 22, 1913, chapter 32, or the Act of August 24, 1937, chapter 754, section 3 (being, respectively, secs. 380, 47, and 380a of title 28, U. S. C.), or the Act of February 11, 1903 (32 Stat. 823; U. S. C., 1940 edition, title 15, sec. 28 and title 49, sec. 44), as amended by section 1 of this Act, any one of such three judges may perform all functions, conduct all proceedings, except the trial of such action, and enter all orders required or permitted by the Rules of Civil Procedure for the District Courts of the United States in effect at the time, provided such single judge shall not appoint, or order a reference to a master, or hear and determine any application for, or vacation of, an interlocutory injunction or dismiss the action, or enter a summary or final judgment on all or any part of the action: Provided, however. That any action of a single judge hereby per- mitted shall be subject to review at any time prior to final hearing by the court as constituted for final hearing, on application of any party or by order of such court on its own motion. Approved, April 6, 1942. 199 Civil actions where- in U. S. is plaintiff. Certificate of Attor- ney General. Designation of three- judge court. Duty. Nonapplicability to certain cases. Authority of a single Judge. 36 Stat. 1162. 38 Stat. 220 . 50 Stat. 752. 28 U.S. C.foll. § 723c. Prorieo. Actions of judge subject to review. 56 STAT.]

�