Benz v. Compania Naviera Hidalgo, S.A. MacRae v. Compania Naviera Hidalgo, S.A. Morrison v. Compania Naviera Hidalgo, S.A

These are appeals from interlocutory injunctions issued in three separate suits brought by the appellee, a Panamanian Corporation. It is the owner and operator of the S.S. Riviera, a vessel registered under the Liberian flag. The appellants, defendants in the several actions below, are citizens of the State of Oregon and of states or countries different from that of the plaintiff.

The Riviera arrived at the Port of Portland, Oregon, September 3, 1952. Her crew were all foreign nationals, chiefly Germans and British, who between March and August, 1952, signed British articles agreeing to work on the ship on a voyage from Bremen, Germany, for a period of two years, and agreeing that British maritime board conditions should apply to their wages, hours of employment and working conditions. About September 9, the crew entered upon a strike, In the nature of a sit-down strike, and withheld possession of the vessel from the owners until September 26, 1952, when they were required by an order and decree in admiralty issued out of the district court to leave the vessel. Following October 14, 1952, the Sailors’ Union of the Pacific picketed said vessel and the appellee, asserting that the…

On Petition for Rehearing.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

The appellants have petitioned for a rehearing and have included in their contentions the argument that the temporary injunctions and the appeals therefrom did not become moot inasmuch as there remains for determination the question of the appellants’ right to damages for the wrongful procuring of such injunctions. Appellants have called attention to that portion of the Norris-La Guardia Act contained in Section 107 of Title 29 U.S.C.A., which requires the furnishing of an undertaking as a condition to the granting of a temporary injunction of the kind therein mentioned.

This aspect of the case was not discussed in the opinion previously filed for the reason that this contention was not made by appellants in their briefs or at the oral argument. At the time of the argument the court made inquiry as to the possibility of the existence of such a claim for damages and was then informed that no bond or other security had been required or furnished in connection with the issuance of the temporary injunctions. Now that this point has been made for the first time upon petition for rehearing, we…

205 F.2d 944 BENZ et al. v. COMPANIA NAVIERA HIDALGO, S.A. MacRAE et al. v. COMPANIA NAVIERA HIDALGO, S.A. MORRISON et al. v. COMPANIA NAVIERA HIDALGO, S.A. Nos. 13750 to 13752. United States Court of Appeals, Ninth Circuit. June 30, 1953. Rehearing Denied August 1, 1953. K. C. Tanner and Richard R. Carney, Portland, Or., for appellants. Wood, Matthiessen, Wood & Tatum, John D. Mosser and Gunther F. Krause, Portland, Or., for appellee. Before DENMAN, Chief Judge, ORR and POPE, Circuit Judges. POPE, Circuit Judge. 1 These are appeals from interlocutory injunctions issued in three separate suits brought by the appellee, a Panamanian Corporation. It is the owner and operator of the S.S. Riviera, a vessel registered under the Liberian flag. The appellants, defendants in the several actions below, are citizens of the State of Oregon and of states or countries different from that of the plaintiff. 2 The Riviera arrived at the Port of Portland, Oregon, September 3, 1952. Her crew were all foreign nationals, chiefly Germans and British, who between March and August, 1952, signed British articles agreeing to work on the ship on a voyage from Bremen, Germany, for a period of two years,…