C. TENNANT & SONS, INC. v. NEW YORK TERMINAL CONFERENCE

No. 68-Civ. 4740.

299 F.Supp. 796 (1969)

C. TENNANT & SONS, INC., et al., Plaintiffs, v. NEW YORK TERMINAL CONFERENCE et al., Defendants. UNITED STATES of America and Federal Maritime Commission, Plaintiffs-Intervenors, v. NEW YORK TERMINAL CONFERENCE et al., Defendants.

United States District Court S. D. New York.

Supplemental Memorandum March 4, 1969.


Attorney(s) appearing for the Case

Zelby & Burstein, New York City, for plaintiffs, Herbert Burstein, New York City, of counsel.

Burlingham, Underwood, Wright, White & Lord, New York City, for defendants, Elkan Turk, Jr., and Joseph A. Byrne, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Louis E. Greco, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, New York City, for plaintiffs-intervenors, Peter Martin Klein, Robert N. Katz, Sol., Federal Maritime Commission, H. B. Mutter, Asst. Sol., of counsel.


MEMORANDUM

CROAKE, District Judge.

A motion for a preliminary injunction was brought in this action to enjoin a rate increase for certain services provided by the defendants pending a determination of the legality of the rates by the Federal Maritime Commission. After hearing arguments, studying the testimony and exhibits, and reviewing affidavits, this court concludes that the motion must be denied.

The action was brought by twenty-three importers...

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