SAFIR v. UNITED STATES LINES, INC.

No. 85 C 0864.

616 F.Supp. 613 (1985)

Marshall P. SAFIR, Plaintiff, v. UNITED STATES LINES, INC., Lykes Bros. Steamship Co., Inc., Moore McCormack Lines, Inc., American President Lines, Inc., Farrell Lines, Inc., American Export Lines, Inc., Prudential Lines, Inc., Prudential-Grace Lines, Inc., Defendants.

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

August 23, 1985.


Attorney(s) appearing for the Case

Marshall P. Safir, pro se.

Walter, Conston & Schurtman, P.C., New York City (William Schurtman, Gregory F. Hauser, New York City, of counsel), Foley, Hoag & Eliot, Boston, Mass. (Verne W. Vance, Jr., Boston, Mass., of counsel), for defendants Farrell Lines, Inc. and American Export Lines, Inc.

Kominers, Fort, Schlefer & Boyer, Washington, D.C. (T.S.L. Perlman, William H. Fort, Washington, D.C., of counsel), for defendants Lykes Bros. S.S. Co., Inc.

Haight, Gardner, Poor & Havens, Washington, D.C. (John W. McConnell, Jr., Washington, D.C., of counsel), for defendants U.S. Lines, Inc. and U.S. Lines (S.A.), Inc. (formerly Moore McCormack Lines, Inc.).

Haight, Gardner, Poor & Havens, New York City (Richard G. Ashworth, New York City, of counsel), for defendants Lykes Bros. S.S. Co., Inc., U.S. Lines, Inc. and U.S. Lines (S.A.), Inc. (formerly Moore McCormack Lines, Inc.).

Shea & Gardner, Washington, D.C. (Robert T. Basseches, William R. Hanlon, Washington, D.C., of counsel), Hill, Betts & Nash, New York City, for defendant American President Lines, Ltd.

David P. Howe, New York City, for defendants Prudential Lines, Inc. and Prudential-Grace Lines, Inc.


MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff's complaint alleges a private right of action implied from section 810 of the Merchant Marine Act, 46 U.S.C. § 1227, to recover a "restitutionary remedy in the form of disgorgement of the illegal earnings" of defendants. He seeks (a) $227,686,369.33 in subsidies paid by the United States to defendant steamship companies during 1965 and 1966 when they were engaged in unlawful conduct, (b) interest...

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