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CONSOLIDATED EXP., INC. v. NEW YORK SHIPPING, INC.

Civ. A. Nos. 76-1645, 77-156.

452 F.Supp. 1024 (1977)

CONSOLIDATED EXPRESS, INC., Plaintiff, v. NEW YORK SHIPPING ASSOCIATION, INC., et al., Defendants. TWIN EXPRESS, INC., Plaintiff, v. NEW YORK SHIPPING ASSOCIATION, INC., et al., Defendants.

United States District Court, D. New Jersey.

As Amended May 11, 1978.

Attorney(s) appearing for the Case

Crummy, DelDeo, Dolan & Purcell by John A. Ridley, Newark, N. J., Steptoe & Johnson by Richard Whiting, Washington, D. C., for plaintiffs Consolidated Exp., Inc. and Twin Exp., Inc.

Carpenter, Bennett & Morrissey by Michael S. Waters, Newark, N. J., Lorenz, Finn, Giardino & Lambos by C. P. Lambos, New York City, for defendants New York Shipping Ass'n, Inc., Intern. Terminal Operating Co., John McGrath Corp., Pittston Stevedoring Corp., and Universal Maritime Services Corp.

Irwin Herschlag, Montclair, N. J., Thomas W. Gleason, New York City, for defendant Intern. Longshoremen's Ass'n, AFL-CIO.

Thomas F. Durkin, Jr., Newark, N. J., for defendants United Terminals Corp. and Seatrain Lines, Inc.

Meyner, Landis & Verdon by Jeffrey L. Reiner, Newark, N. J., Davis, Polk & Wardwell, New York City, for defendant Sea-Land Service, Inc.

OPINION

STERN, District Judge.

I. INTRODUCTION

In this lawsuit, plaintiff Consolidated Express (hereinafter Conex) seeks to recover money damages for injuries it claims to have suffered by reason of the implementation of the infamous 1969 Rules on Containers, a collectively-bargained response to the perceived threat to waterfront labor posed by technological change in the shipping industry.

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