Howard Terminal v. United States of America and Federal Maritime Board

Good Law
239 F.2d 336·1956 U.S. App. LEXIS 4828
United States Court of Appeals for the Ninth CircuitDecember 19, 195615258_1California1,478 words

Opinion

Opinion

Pope, J.

Howard Terminal, petitioner here, filed a complaint before the Federal Maritime Board, in a matter entitled Howard Terminal v. Matson Navigation Company, and given the Board’s docket number 796. The general purpose of the complaint was to attack and set aside agreements respecting the use of port terminal facilities made between Matson Navigation Company and the operators of certain port terminals, who are now intervenors here. It has been summarized by the parties here as alleging: “(1) That interveners had failed to disclose the complete agreements between them as required by § 15 of the Act [ 46 U.S.C.A. § 814 ]; (2) that the Board had approved an agreement designated Agreement No. 8063 and had dismissed the complaint filed in Docket No. 788 alleging violations of the Act, without the hearing required by Section 23 of the Act [ 46 U.S.C.A. § 822 ] ; (3) that the proposed arrangements between the interveners would result in deferred rebates, undue and unreasonable preferences and advantages and unjust and unreasonable practices in violation of Sections 14, 16 and 17 of the Act [46 U.S. C.A. §§ 813, 815, 816] ; and (4) that the proposed arrangements would operate to the detriment…

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