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TAUB, HUMMEL & SCHNALL, INC. v. ATLANTIC CONTAINER LINE, LTD.

No. 28, Docket 89-7136.

894 F.2d 526 (1990)

TAUB, HUMMEL & SCHNALL, INC., and Wedemann & Godknecht, Inc., On Behalf of Themselves, and All Others Similarly Situated, and Wedemann & Godknecht, Inc., On Behalf of Themselves and All Others Similarly Situated, Mohegan International Corporation, On Behalf of Themselves and All Others Similarly Situated, Wayne M. Withrow & Co., On Behalf of Itself and All Others Similarly Situated, Universal Transcontinental Corporation, On Behalf of Itself and All Others Similarly Situated, Plaintiffs-Appellants, v. ATLANTIC CONTAINER LINE, LTD., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 17, 1990.

Attorney(s) appearing for the Case

Gerald H. Ullman, New York City (Olga Boikess, Jonathan D. Shramko, New York City, Jerry S. Cohen, Cohen, Milstein & Hausfeld, Washington, D.C., of counsel) for plaintiffs-appellants.

Stanley O. Sher, Washington, D.C. (David F. Smith, Dow, Lohnes & Albertson, Washington, D.C.; William Karas, Dale C. Andrews, Steptoe & Johnson, Washington, D.C.; R. Frederic Fisher, Lillick & Charles, San Francisco, Cal.; John C. Fricano, John M. Nannes, Skadden, Arps, Slate, Meagher & Flom, Washington, D.C.; Edwin Longcope, Hill, Betts & Nash, New York City; John G. Ingram, Wade S. Hooker, R. Scott Ervin, Burlingham, Underwood & Lord, New York City; Gary D. Sesser, Haight, Gardner, Poor & Havens, New York City), for defendants-appellees.

Before LUMBARD, CARDAMONE, and FRIEDMAN, Circuit Judges.

FRIEDMAN, Circuit Judge:

The question in this case, here on appeal from the United States District Court for the Southern District of New York, is whether the action of the North Atlantic Continental Freight Conference (Conference) and its member shipping lines, in excluding energy and currency adjustment surcharges from the calculation of freight forwarder brokerage compensation, are immune from antitrust liability pursuant to section 15 of the Shipping Act, 1916...

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