Harlan F. Stone

“ It is true that this Court cannot, in the present state of the record, [2] render an effective judgment on the merits, because the sole respondent brought before us by the petition for certiorari, by reason of its dissolution, no longer has capacity to be sued, and no one has sought to procure substitution of any other person as party respondent. ”

“ Whether a family business, such as this one appears to be, has successfully avoided all responsibility for compliance with the judgment entered against the family corporation, by the simple expedient of dissolving it and continuing the business under the individual control of members of the family, as appears to have taken place here, is a question which it is unnecessary for us to decide on the basis of the scanty and not entirely enlightening affidavits now submitted to us. ”

“ The District Court found violations of §§ 6, 7, 15 (a) (1) (2) and (5) of the Act and gave judgment permanently restraining respondent, 'its agents, servants, employees and attorneys, and all persons acting or claiming to act in its behalf or interest' from further violations. On appeal the Circuit Court of Appeals for the Fifth Circuit reversed, 137 F.2d 315, and remanded the cause to the District Court for further proceedings. ”

“ Southern Pac. Co. v. Interstate Commerce Comm., 219 U.S. 433, 452, 31 S.Ct. 288, 294, 55 L.Ed. 283; Southern Pac. Terminal Co. v. Interstate Commerce Comm., 219 U.S. 498, 514-516, 31 S.Ct. 279, 283, 284, 55 L.Ed. 310 ”