United States v. Yellow Freight System, Inc., United States of America v. Duncan Ceramics, Inc., a Corporation

Yellow Freight System, Inc., and Duncan Ceramics, Inc., appeal the district court’s denial of various pretrial motions to dismiss informations filed against them. Appellee United States moves to dismiss the appeals for lack of appellate jurisdiction. We dismiss in part and affirm in part.

On November 30,1977, the United States served Yellow Freight and Duncan Ceramics with summonses and filed informations alleging that on fifty occasions Yellow Freight knowingly gave and Duncan Ceramics knowingly received rate concessions on interstate shipments of goods. The Elkins Act proscribes rate concessions and imposes a penalty of $1000 to $20,000 fine and up to two years’ imprisonment in a penitentiary for granting or receiving rate concessions. 49 U.S.C. § 41 (1), (3) (1976).

On April 3, 1979, Yellow Freight and Duncan Ceramics filed a set of motions in the district court to dismiss the informations. In part these motions claim that the Elkins Act does not apply to motor carriers. In addition, however, this set of motions alleges that the informations are procedurally insufficient because (1) the crimes alleged are infamous and therefore must be prosecuted by grand jury indictment and…