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ISBRANDTSEN CO. v. UNITED STATES

96 F.Supp. 883 (1951)

ISBRANDTSEN CO., Inc. v. UNITED STATES et al.

United States District Court S. D. New York.

March 21, 1951.

Attorney(s) appearing for the Case

John J. O'Connor, Washington, D. C. (William L. McGovern, Washington, D. C., of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, New York City (Roscoe H. Hupper and Burton H. White, New York City, of counsel), for North Atlantic Continental Freight Conference et al.

Paul D. Page, Jr. and George F. Galland, Washington, D. C., for Federal Maritime Board.

Gareth M. Neville and Robert Murray, Washington, D. C. (Malcolm Hoffman, of counsel), for Department of Justice.

Henry A. Cockrum, for Secretary of Agriculture.

Before FRANK, Circuit Judge, and RYAN and SAMUEL H. KAUFMAN, District Judges.

FRANK, Circuit Judge.

1. The plaintiff, the Attorney General, and the Secretary of Agriculture contend that in no circumstances can a dual-rate provision (i. e., an exclusive patronage, or dual-rate, or contract-noncontract provision) in a conference agreement be valid under 46 U.S.C.A. § 812, Third.2 We need not, and do not, decide whether or not that contention is sound.3 For the purposes of this decision...

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