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SAFIR v. GIBSON

Nos. 571-573, Dockets 33389-33391.

417 F.2d 972 (1969)

Marshall P. SAFIR, Arnold Weissberger and Sapphire Steamship Lines, Inc., Plaintiffs-Appellants, v. Andrew GIBSON, Successor to and Substituted for James W. Gulick, Acting Maritime Administrator, Maritime Administration, United States Department of Commerce, James S. Dawson, Jr., Secretary, Maritime Subsidiary Board, Maritime Administration, United States Department of Commerce, and Maurice Stans, Successor to and Substituted for C. R. Smith, Secretary of Commerce of the United States, Appellees.

United States Court of Appeals Second Circuit.

Decided September 26, 1969.

Attorney(s) appearing for the Case

Isadore B. Hurwitz, New York City, for plaintiffs-appellants.

Daniel Joseph (William D. Ruckelshaus, Asst. Atty. Gen., Vincent T. McCarthy, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C.), for appellees.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

The plaintiffs in this action are Sapphire Steamship Lines, Inc., and two of its officers and stockholders. In March, 1965, Sapphire began operations as an unsubsidized common carrier by water, undercutting the rates of various carriers which were members of a conference known as the Atlantic and Gulf American Flag Berth Operators (AGAFBO). Shortly thereafter, on March 29, 1965, AGAFBO drastically reduced its rates to an admittedly unfair...

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