Supreme Court of the United States
United States v. Scophony Corporation of America
April 26, 1948333 U.S. 795
Summary
The Court held that Scophony, Limited was both "found" and "transacts business" in the Southern District of New York, establishing venue and permitting service of process under §12 of the Clayton Act, and therefore reversed the district court’s dismissal and remanded for further proceedings. Justice Frankfurter concurred, emphasizing the factual determination of "found" and "transacts business" without endorsing broader theoretical analysis.
Holding
- Whether Scophony was "found" or "transacts business" in the Southern District of New York for purposes of venue under §12 of the Clayton Act?. Scophony was transacting business of a substantial character in the Southern District of New York and therefore was "found" there for venue purposes.
- Whether Scophony was "found" in the Southern District of New York for purposes of the service‑of‑process provision of §12?. Scophony was also "found" in the Southern District of New York, making service of process on its agents valid.
Docket 41
Cited authorities
- 15 U.S.C. § 2
- 26 Stat. 209
- 50 Stat. 693
- 15 U.S.C. §§ 1
- 26 Stat. 210
- 38 Stat. 736
- 15 U.S.C. § 22
- 32 Stat. 823