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Far East Conference v. United States, 342 U.S. 570 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Far East Conference v. United States, 342 U.S. 570 (1952)
Far East Conference v. United States No. 15, Misc. Argued January 30, 1952 Decided March 10, 1952 342 U.S. 570
CERTIORARI TO THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Syllabus
The United States brought this suit in the District Court to enjoin alleged violations of the Sherman Antitrust Act. The defendants were the Far East Conference, a voluntary association, and its constituent members, steamship companies engaged in "outbound Far East trade." The agreement under which the Conference operated was approved by the predecessor of the Federal Maritime Board, exercising authority under the Shipping Act of 1916, as amended. Under this agreement, the Conference established a dual system of rates, whereby shippers who agreed to use exclusively bottoms of Conference members paid one rate, while those who did not so bind themselves paid a fixed higher rate. This dual system of rates constituted the gravamen of the Government’s suit.
Held:
1. The case is initially within the exclusive jurisdiction of the Federal Maritime Board. United States Navigation Co. v. Cunard S.S. Co., 284 U.S. 474. Pp. 573-576.
(a) A different result from that reached in the Cunard case is not required by the fact that there, a private shipper invoked the Antitrust Acts, whereas here it is the Government. P. 576.
(b) The United States is a "person" who under § 22 of the Shipping Act may file a complaint with the Federal Maritime Board. P. 576.
2. Rather than order the case retained on the District Court docket pending action by the Board, this Court orders dismissal of the proceeding brought in the District Court. Pp. 576-577.
94 F.Supp. 900 reversed.
In a suit brought by the United States to enjoin alleged violations of the Sherman Act, the District Court denied the defendants’ motion to dismiss. 94 F.Supp. 900. This Court granted certiorari. 342 U.S. 811. Reversed, p. 577.
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Chicago: U.S. Supreme Court, "Syllabus," Far East Conference v. United States, 342 U.S. 570 (1952) in 342 U.S. 570 342 U.S. 571. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NT72D7SUBY5UQ2P.
MLA: U.S. Supreme Court. "Syllabus." Far East Conference v. United States, 342 U.S. 570 (1952), in 342 U.S. 570, page 342 U.S. 571. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NT72D7SUBY5UQ2P.
Harvard: U.S. Supreme Court, 'Syllabus' in Far East Conference v. United States, 342 U.S. 570 (1952). cited in 1952, 342 U.S. 570, pp.342 U.S. 571. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NT72D7SUBY5UQ2P.
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