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UNITED STATES v. WESTERN PA. SAND & GRAVEL ASS'N

June 23, 1953

UNITED STATES
v.
WESTERN PA. SAND & GRAVEL ASS'N et al.



The opinion of the court was delivered by: GOURLEY

This is a motion for preliminary injunction to prevent dissolution of the McCrady-Rodgers Company.

Pursuant to a consent decree entered in this court on February 21, 1940, the McCrady-Rodgers Company together with divers respondents were enjoined from certain actions conducted in violation of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1-7, 15 note.

 Under the provisions of Section IV of the decree, jurisdiction of said cause and the parties thereto was retained by the court for the enforcement and compliance with the decree. *fn1"

 On April 20, 1953, a petition for order to show cause why respondents should not be found in criminal and civil contempt, together with supporting affidavit was filed in this court alleging violations of the decree by the above-named respondents. The prayer of said petition prayed in part for additional and further equitable relief in order to assure future compliance with the decree.

 On April 20, 1953, there was issued by this court an order to show cause why the respondents should not be adjudged to be in criminal and civil contempt of this court for having violated the decree heretofore entered by this court.

 On May 15, 1953, the McCrady-Rodgers Company filed a petition, and affidavit in support thereof, to vacate said order to show cause, representing to the court that pursuant to a resolution adopted by its board of directors and authorization of its stockholders a 'Certificate of Election to Dissolve' was duly filed in the Department of State for the Commonwealth of Pennsylvania on November 18, 1952.

 On June 4, 1953, a motion for preliminary injunction to prevent dissolution of McCrady-Rodgers Company, together with a supporting affidavit was filed in this court, praying this court to restrain the dissolution of said company pending final adjudication of the merits of this action.

 On June 4, 1953, a motion for temporary restraining order to prevent dissolution of the McCrady-Rodgers Company, together with supporting affidavit was filed in this court praying this court to restrain the dissolution of said company pending final hearing and determination of aforesaid motion for preliminary injunction.

 On June 4, 1953, there was entered in this court an order restraining respondent McCrady-Rodgers Company from taking further action in furtherance of its dissolution pending final hearing and determination of the aforesaid motion for preliminary injunction, which hearing was held on June 11, 1953.

 By stipulation of the parties and approval of the court entered on June 12, 1953, said restraining order was extended, as modified, to July 3, 1953.

 The basic and underlying principle of law has long prevailed that a court by necessity has the power and authority to issue all writs and orders to preserve and maintain jurisdiction of the principal cause of action as well as the parties thereto. This doctrine has been deeply imbedded into a federal jurisprudence, and through the years has nurtured and fed life-blood to the federal judicial organism.

 28 U.S.C.A. § 1651(a) provides as follows:

 'The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.'

 Although the McCrady-Rodgers Company dissolution proceedings do not in any way involve any other court, Title 28 U.S.C.A. § 2283, may be said to lend enlightenment to the court's power and reflect an additional measure of statutory authority for the basic ...


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