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UNITED STATES NAV. CO. v. CUNARD S. S. CO.

No. 5.

50 F.2d 83 (1931)

UNITED STATES NAV. CO., Inc. v. CUNARD S. S. CO., Limited, et al.

Circuit Court of Appeals, Second Circuit.

May 18, 1931.

Attorney(s) appearing for the Case

Rumsey & Morgan, of New York City (Mark W. Maclay and John Tilney Carpenter, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Roscoe H. Hupper and Burton H. White, both of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The agreement set forth in the amended bill of complaint involved a violation of the Sherman Anti-Trust Act, 15 USCA §§ 1-7, 15 (United States v. Pacific & Arctic Co., 228 U.S. 87, 33 S.Ct. 443, 57 L. Ed. 742; Thomsen v. Cayser, 243 U.S. 66, 37 S.Ct. 353, 61 L. Ed. 597, Ann. Cas. 1917D, 322), at least in the absence of approval...

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