Anglo Canadian Shipping Company, Ltd. v. United States of America and Federal Maritime Board

This is a proceeding upon a petition seeking review of an order of the Federal Maritime Board. 1 The order here in question was entered June 29, 1956, in a proceeding entitled Mitsui Steamship Co., Ltd. v. Anglo Canadian Shipping Co., Ltd., et al. The respondents there, who are the petitioners here, are a group of 24 common carrier steamship lines who had formed a voluntary association or conference known as the Pacific Coast European Conference. The member carriers operated in the trade from the Pacific Coast of the United States and Canada to Europe. The Conference was established pursuant to an organic agreement known as “Conference Agreement No. 5200.” This organic or basic agreement was initially approved on May 26, 1937, and copies filed with the Board pursuant to § 15 of the Shipping Act ( 46 U.S.C.A. § 814 ).

The controversy here presented arises out of a form of agreement between the Conference carriers and certain signatory shippers referred to in the record as the Conference’s exclusive patronage contract or shippers’ rate agreement. Through the use of this agreement the Conference implements an exclusive patronage contract/non-contract dual rate system whereby a…

I concur dubiously in the result.

264 F.2d 405 ANGLO CANADIAN SHIPPING COMPANY, Ltd., et al., Petitioners, v. UNITED STATES of America and Federal Maritime Board, Respondents. No. 15241. United States Court of Appeals Ninth Circuit. February 18, 1959. Graham, James & Rolph, Chalmers G. Graham, Leonard G. James, San Francisco, Cal., for appellant. Victor R. Hansen, Asst. Atty. Gen., Daniel M. Friedman, Atty., Dept. of Justice, E. Robert Seaver, Gen. Counsel, Robert E. Mitchell, Asst. Gen. Counsel, Edward Aptaker, Chief, Regulation Branch, Leroy F. Fuller, Atty., Federal Maritime Board, Washington, D. C., for appellee. Before POPE, HEALY and ORR, Circuit Judges. POPE, Circuit Judge. 1 This is a proceeding upon a petition seeking review of an order of the Federal Maritime Board. 1 The order here in question was entered June 29, 1956, in a proceeding entitled Mitsui Steamship Co., Ltd. v. Anglo Canadian Shipping Co., Ltd., et al. The respondents there, who are the petitioners here, are a group of 24 common carrier steamship lines who had formed a voluntary association or conference known as the Pacific Coast European Conference. The member carriers operated in the trade from the Pacific Coast of the United States…