FEDERAL MARITIME COM'N v. NEW YORK TERMINAL CONFERENCE

No. 341, Docket 31015.

373 F.2d 424 (1967)

FEDERAL MARITIME COMMISSION, Petitioner-Appellee, v. NEW YORK TERMINAL CONFERENCE et al., Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided February 15, 1967.


Attorney(s) appearing for the Case

John Williams, Kirlin, Campbell & Keating, New York City (Elmer C. Maddy, New York City, of counsel), for respondent-appellant United States Lines Co.

Elkan Turk, Jr., New York City (Randolph W. Taylor, Burlingham, Underwood, Barron, Wright & White, New York City, of counsel), for appellants New York Terminal Conference and its members.

David L. Rose, Dept. of Justice, Barefoot Sanders, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Howard J. Kashner, Atty., Dept. of Justice, Washington, D. C., for Federal Maritime Commission.

Zelby & Burstein, New York City (Herbert Burstein, Arthur Liberstein, New York City, of counsel), submitted brief of intervenor, Empire State Highway Transp. Ass'n.

Before MOORE and FRIENDLY, Circuit Judges, and BRYAN, District Judge.


FRIENDLY, Circuit Judge:

The zeal for the enforcement of the Shipping Act recently if somewhat belatedly displayed by the Federal Maritime Commission1 has aroused a spate of industry resistance to demands under § 21 and subpoenas for investigations under § 22 of that statute. This case, primarily an investigation of acts pursuant to an agreement of terminal operators fixing rates and practices in the Port of New York, joins the...

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