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Shenandoah Valley Broadcasting, Inc. v. ASCAP, 375 U.S. 39 (1963)

Shenandoah Valley Broadcasting, Inc. v.

American Society of Composers, Authors, and Publishers

No. 323

Decided October 21, 1963

375 U.S. 39


In a suit by the United States under the Sherman Act, the District Court entered a decree requiring respondent, inter alia, to "grant to any user making written application therefor a nonexclusive license to perform all of the compositions" in respondent's repertory subject to a reasonable license fee. On request of petitioners for a license, respondent refused to fix a fee. Pursuant to the decree, petitioners applied to the District Court for an order fixing a reasonable fee. The District Court found that the decree did not require respondent to issue the type of license petitioners had requested, and it dismissed the application. Petitioners appealed to the Court of Appeals, and also appealed directly to this Court under § 2 of the Expediting Act, 15 U.S.C. § 29. This Court dismissed the direct appeal to it "for want of jurisdiction." 371 U. S. 540. Thereafter, the Court of Appeals dismissed the appeal to it on the ground that all such appeals are "routed" to this Court by the Expediting Act.

Held: An appeal from an ancillary order of this type is not within the Expediting Act, and an appeal does lie to the Court of Appeals under 28 U.S.C. § 1291 . Pp. 375 U. S. 39-41.

317 F.2d 90, certiorari granted; reversed, and cause remanded.

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