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U. S. v. AMERICAN-FOREIGN SS. CORP.

No. 138.

363 U.S. 685 (1960)

80 S.Ct. 1336

4 L.Ed.2d 1491

UNITED STATES v. AMERICAN-FOREIGN STEAMSHIP CORP. ET AL.

Supreme Court of United States.

Decided June 20, 1960.

Attorney(s) appearing for the Case

Philip Elman argued the cause for the United States. With him on the briefs were Solicitor General Rankin, Assistant Attorney General Doub, Alan S. Rosenthal and Herbert E. Morris.

Arthur M. Becker and J. Franklin Fort argued the cause for respondents. With them on the briefs were Gerald B. Greenwald, William S. Stern, John Cunningham and Israel Convisser.

MR. JUSTICE STEWART delivered the opinion of the Court.

The question to be decided here is a narrow one. The Judicial Code provides that in the United States Courts of Appeals "[c]ases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in active service." It further provides that "[a] court...

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