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STATE OF CALIFORNIA v. UNITED STATES

Nos. 22000, 22002.

46 F.Supp. 474 (1942)

STATE OF CALIFORNIA et al. v. UNITED STATES et al. CITY OF OAKLAND v. SAME.

District Court, N. D. California, S. D.

August 20, 1942.

Attorney(s) appearing for the Case

Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal. (Carl F. Farbach, Sp. Counsel, and John B. Jago, Atty., United States Maritime Commission, both of San Francisco, Cal., of counsel), for the United States and another.

Earl Warren, Atty. Gen. of State of California, and Lucas E. Kilkenny, Deputy Atty. Gen., for petitioner State of California and another.

W. Reginald Jones, Port Atty., City of Oakland, of Oakland, Cal., Lillick, Geary, Olson & Charles, Ira S. Lillick, and Joseph J. Geary, all of San Francisco, Cal., for intervener Encinal Terminals.

Morrison, Hohfeld, Foerster, Shuman & Clark and F. C. Hutchens, all of San Francisco, Cal., for intervener Parr-Richmond Terminal Corporation.

Graham & Morse, of San Francisco, Cal., for intervener Howard Terminal.

Before HEALY, Circuit Judge, and ST. SURE and ROCHE, District Judges.

HEALY, Circuit Judge.

Following its investigation of certain practices of the petitioners and eighteen other terminals in the San Francisco Bay area, the United States Maritime Commission made an order which the petitioners here seek to enjoin.1 Petitioners' suits have been consolidated, and a three-judge court assembled pursuant to 28 U.S.C.A. § 47.

The Maritime Commission's hearing was conducted before a trial examiner who...

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