IN RE SAPPHIRE STEAMSHIP LINES, INC.

No. 158, Docket 74-1533.

509 F.2d 1242 (1975)

In the Matter of SAPPHIRE STEAMSHIP LINES, INC., Bankrupt-Appellant. J. Read SMITH, Trustee-Appellant, v. WINTHROP, STIMSON, PUTNAM & ROBERTS, Attorneys for E. Bergendahl Co., Inc. (New York) and E. Bergendahl Co., Inc. (Philadelphia), Creditors, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 14, 1975.


Attorney(s) appearing for the Case

Louis P. Rosenberg, Brooklyn, N. Y. (Alfred A. Rosenberg, and William Steingesser, Brooklyn, N. Y., on the brief), for trustee-appellant.

Terence H. Benbow, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, Attorneys pro se, appellees, Victor S. Trygstad, and Steven A. Berger, New York City, on the brief), for appellees.

Joseph L. Alioto, Sp. Counsel to the Trustee, pro se, San Francisco, Cal. (Robert E. Sher, Washington, D. C., and Robert A. Randick, Jr., San Francisco, Cal., on the brief).

Before KAUFMAN, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.


ROBERT P. ANDERSON, Circuit Judge:

Sapphire Steamship Lines, Inc. (Sapphire), prior to its adjudication as a bankrupt, instituted an action to recover treble damages from several of its competitors for alleged antitrust violations. After bankruptcy intervened, the trustee, J. Read Smith, was substituted as plaintiff and was duly authorized by court order to retain Joseph L. Alioto as special counsel to prosecute the action.

Negotiations between the special...

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