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ISBRANDTSEN CO. v. UNITED STATES

81 F.Supp. 544 (1948)

ISBRANDTSEN CO., Inc. v. UNITED STATES et al.

United States District Court S. D. New York.

December 20, 1948.

Attorney(s) appearing for the Case

John J. O'Connor and William L. McGovern, both of Washington, D. C., for plaintiff.

John F. X. McGohey, of New York City, Walter K. Bennett, Sp. Asst. to the Atty. Gen., Antitrust Division, and Joseph E. McDowell, Sp. Asst. to the Atty. Gen., for the United States.

Paul D. Page, Jr., and George F. Galland, both of Washington, D. C., for U. S. Maritime Commission.

Burlingham, Veeder, Clark & Hupper, of New York City (Roscoe H. Hupper, of New York City, of counsel), for defendant carriers.

Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal, of New York City, of counsel), for Lykes Bros. Steamship Co., Inc.

Before FRANK, Circuit Judge, and RIFKIND and KAUFMAN, District Judges.

RIFKIND, District Judge.

We are all in agreement that a temporary injunction should issue to maintain the status quo pending further proceedings to adjudicate the legality of the Conference agreements and the action contemplated pursuant thereto.

It may be that the "exclusive patronage" provisions are prohibited by 46 U.S.C.A. § 8122 and that the Commission is powerless to approve such provisions under 46 U.S.C.A. § 814...

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