IN RE SAPPHIRE STEAMSHIP LINES, INC.

No. 67-B-252.

339 F.Supp. 119 (1972)

In the Matter of SAPPHIRE STEAMSHIP LINES, INC., Bankrupt.

United States District Court, S. D. New York.

February 2, 1972.


Attorney(s) appearing for the Case

Louis P. Rosenberg, Brooklyn, N. Y., for the Trustee by Alfred A. Rosenberg, Brooklyn, N. Y., of counsel.

Joseph L. Alioto, Sp. Counsel to Trustee, San Francisco, Cal., by Joseph L. Alioto, Lawrence Alioto, San Francisco, Cal., and Robert E. Scher, of counsel.

Winthrop, Stimson, Putnam & Roberts, New York City, for E. Bergendahl Co., Inc. (New York and Philadelphia) by Terence H. Benbow, New York City, of counsel.

Sullivan & Cromwell, New York City, for intervenor United States Lines, Inc. by Roy H. Steyer, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., for intervenor Waterman Steamship Corp. by John K. Mallory, Jr., Washington, D. C., of counsel.

Arnold & Porter, Washington, D. C., for intervenors American Export Isbrandtsen Lines, Inc., Bloomfield Steamship Company, Global Bulk Transport, Inc., Isthmian Lines, Inc., Lykes Bros. Steamship Co., Inc. and States Marine Lines, Inc. by Stuart J. Land, Melvin Spaeth and Irvin Nathan, Washington, D. C., of counsel.

Satterlee & Stephens, New York City, for intervenor Moore-McCormack Lines, Inc. by James F. Dwyer, New York City, of counsel.

Bergson, Borkland, Margolis & Adler, Washington, D. C., for "Non Trade" Shipping Lines by Daniel H. Margolis, Washington, D. C., of counsel, and Barrett, Knapp, Smith & Schapiro, New York City by Whitman Knapp, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, for the United States by Alan B. Morrison, New York City, of counsel.

Foley, Hoag & Eliot, Boston, Mass., for intervenor Farrell Lines, Inc. by Andrew J. McElaney, Jr., Boston, Mass., of counsel.


LASKER, District Judge.

This is a petition by the trustee in bankruptcy to review and set aside the Referee's disapproval of a compromise of the trustee's antitrust claim against the former competitors of the bankrupt. In addition, the competitors move to intervene in the review proceedings. The facts are undisputed; the conclusions to be drawn from them are not.

The antitrust case, the major asset of the bankrupt estate, was filed in the summer of 1966 in...

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