Andersen

-From a judgment for defendants upon trial, complainant appeals.

The bill of complaint, charging defendants with being a combination in restraint of interstate and foreign commerce, was originally dismissed by the District Court as not stating a cause of action, and upon appeal to this court was affirmed. Anderson v. Shipowners’ Ass’n (C. C. A.) 10 F.(2d) 96 . Upon a writ of certiorari to the Supreme Court of the United States, the decree of dismissal was reversed. Anderson v. Shipowners’ Ass’n, 272 U. S. 359 , 47 S. Ct. 125 , 71 L. Ed. 298 .

In the opinion of the Supreme Court, cited supra, the allegations of the complaint are set out quite fully, and that court concludes: “Taking the allegations of the bill at their face value, as we must do in the absence of countervailing facts or explanations, it appears that ea,eh shipowner and operator in this widespread combination has surrendered his freedom of action in the matter of employing seamen and agreed to abide by the will of the associations. Such is the fair interpretation of the combination and of the various requirements under it, and this is borne out by the actual experience of the petitioner in his efforts to seeure…