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ATLANTIC & GULF/WEST COAST v. UNITED STATES

90 F.Supp. 554 (1950)

ATLANTIC & GULF/WEST COAST OF CENTRAL AMERICA AND MEXICO CONFERENCE (NO. 2743), et al. (GULF AND SOUTH ATLANTIC/HAVANA STEAMSHIP CONFERENCE (NO. 4188), et al., Interveners) v. UNITED STATES (UNITED STATES MARITIME COMMISSION et al., Interveners).

United States District Court S. D. New York.

May 29, 1950.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City, Parker McCollester, James S. Hemingway, John R. Mahoney, New York City, for plaintiffs.

Irving H. Saypol, U. S. Atty., New York City, John F. Baecher, Sp. Asst. to Atty. Gen., for the United States.

Paul D. Page, Jr., Solicitor, U. S. Maritime Commission, Washington, D. C., George F. Galland, Washington, D. C., for U. S. Maritime Commission.

Haight, Deming, Gardner, Poor & Havens, New York City, Charles S. Haight, Edward H. Mahla, New York City, Gordon W. Paulsen, Yonkers, N. Y., for intervenors Joint Committee of Foreign Freight Forwarders Ass'ns et al.

J. Richard Townsend, San Francisco, Cal., for intervener Pacific Coast Customs and Freight Brokers Assn.

Before FRANK, Circuit Judge, and McGOHEY and IRVING R. KAUFMAN, District Judges.

McGOHEY, District Judge.

Plaintiffs seek an interlocutory injunction against enforcement of an order of the United States Maritime Commission which directs them to eliminate from their conference agreements prohibitions against the payment of brokerage to freight forwarders.

"It is a cardinal principal of equity jurisprudence that a preliminary injunction shall not issue in a doubtful case. Unless the court be convinced with reasonable certainty that the complainant...

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