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ROBERTO HERNANDEZ, INC. v. ARNOLD BERNSTEIN, ETC.

No. 101.

116 F.2d 849 (1941)

ROBERTO HERNANDEZ, Inc., v. ARNOLD BERNSTEIN SCHIFFAHRTSGESELLSCHAFT, M. B. H., et al.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.

Attorney(s) appearing for the Case

Joseph K. Inness, of New York City, for plaintiff-appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Roscoe H. Hupper, Burton H. White, and J. Franklin Fort, all of New York City, of counsel), for defendants-appellees.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff filed its complaint with the United States Shipping Board on June 27, 1935, under the provisions of the Shipping Act of 1916, 46 U.S.C.A. § 801 et seq., in which defendants were charged with having unlawfully discriminated against the plaintiff by refusing it freight space on their vessels. Thereafter hearings were held before an examiner of the United States Maritime Commission which had superseded the Shipping Board, resulting...

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