Sun-Maid Raisin Growers Ass'n v. United States

Good Law
33 F. Supp. 959·1940 U.S. Dist. LEXIS 2973
United States District Court, Northern District of CaliforniaJuly 3, 1940No. 21459 SCalifornia1,792 words

Opinion

lead Opinion

Wilbur, J.

The Raisin Growers initiated a proceeding before the Maritime Commission charging numerous steamship companies- engaged in foreign trade with an “unjust and unreasonable practice” in violation of § 17 of the Shipping Act, 39 Stat. 734 , 46 U.S.C.A. § 816 . 1 The practice alleged to violate § 17, supra, related to the fixing of a separate handling charge for the handling of freight after delivery on the dock from the point of delivery to the ship’s tackle. For this service a “handling charge” of 40 cents per ton was made. It is not contended that this rate is excessive. On the contrary, the intervening steamship companies claim that the 40 cent charge will not cover the increases in cost due to a rise in the cost of labor since the establishment of the freight rate which the handling charge supplements. Neither is it contended that the freight rate is excessive. The contention of the shippers is that the cost of handling freight between the point of delivery to the carrier on the dock and the ship’s tackle should be included in the freight rate and should not be made as a separate and distinct charge. It is claimed that the practice of making a separate charge for this service is…

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