§ 59-508 — Unlawful discrimination by corporations; penalty; prosecution by Attorney General; injunction; corporations in which the public has an interest

Nebraska § 59-508

• Jurisdiction: Nebraska
• Ch. 59: Monopolies and Unlawful Restraint of Trade

Text

Any corporation, joint-stock company or other association that shall have been once adjudged to have violated the provisions of sections 59-501 to 59-507 , by a final judgment of any court having jurisdiction of the question and who shall thereafter violate the provisions of said sections shall no longer be allowed to engage in business in this state; Provided, such prohibition shall be enforced only after such corporation, joint-stock company or other association shall have been enjoined against further engaging in such business on an information or suit brought in a court of competent jurisdiction by the Attorney General on behalf of this state. The Attorney General may, unless he shall be satisfied that such corporation, joint-stock company or other association has desisted and abstained and will in the future desist and abstain from such violation, enforce the provision by proceeding, either by information or by indictment, as he may in his discretion think best. Any corporation, joint-stock company or other association which shall be charged with violating said sections, and any president, director, treasurer, officer or agent thereof, may be enjoined as a party in any proceeding, civil or criminal, to enforce said sections. If, in the judgment of the Attorney General, such corporation, joint-stock company or other association, against which proceedings may be instituted, be one on which the public is so depending that the interruption of its business will cause serious public loss or inconvenience, he may, in his discretion, refrain from proceeding to obtain a decree, which will absolutely prevent the continuance of such business, and may apply for a limited or conditional decree or one to take effect at a future day, as the public interests shall seem to require. If, in the judgment of the court before whom such proceedings may be pending, the interruption of the business of the defendant corporation, joint-stock company, or other association will cause such serious public loss or inconvenience, the court may decline to enter an absolute decree enjoining it against proceeding with its business and may enter a conditional decree or such a decree to take effect at a future time, as justice shall require. The court may also, in its discretion, enjoin such officers, agents or servants of such corporation, joint-stock company or other association from continuing in its service and enjoin any such corporation, joint-stock company or other association from continuing their employment therein, as the case shall seem to require.

Legislative History

Source: Laws 1939, c. 77, § 5, p. 315; C.S.Supp.,1941, § 59-527; Laws 1943, c. 132, § 1, p. 444; R.S.1943, § 59-508.