California Shipping Co., Inc. And Fred F. Noonan Co., Inc. v. Pacific Far East Line, Inc., and United States Lines, Co.

This is an appeal from a summary judgment in a case in which appellants allege that through an illegal conspiracy between appellees, in connection with the postponement of the sale of SS AMERICAN SCIENTIST [Scientist], a vessel owned by United States Lines [USL], they were deprived of the purchase of the vessel. Ultimately, negotiations were completed, a sales price agreed upon, but the sale did not take place because United States Maritime Administration [MARAD] did not approve. Such approval was a condition to the validity of the sale. Discovery procedures, including interrogatories and depositions, were extensively employed on the motion for summary judgment.

Appellants contend that the principal reason for disapproval of the sale, was that effective December 21, 1967 certain guidelines for charges on government freight were revised upwards, thereby increasing the value of ships which carried such freight. They argue that had the sale proposal been concluded and earlier presented for approval, the sale would have been approved.

We search in vain for any evidence which supports the appellants’ contention that MARAD would have approved the sale for the price of $385,000.00. For…