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Fmb v. Isbrandtsen Co., Inc., 356 U.S. 481 (1958)
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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.
Fmb v. Isbrandtsen Co., Inc., 356 U.S. 481 (1958)
Federal Maritime Board v. Isbrandtsen Co., Inc. No. 73 Argued December 11, 1957 Decided May 19, 1958 * 356 U.S. 481
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
The Federal Maritime Board issued an order approving a rate system proposed by a shipping conference of 17 common carriers by water serving the inbound trade from Japan, Korea, and Okinawa to ports on the Atlantic and Gulf Coasts of the United States. Under the proposed system, a shipper who signed an exclusive patronage contract with the conference would pay less than the regular freight rates charged to all others. The Court of Appeals set aside the Board’s order on the ground that this system of dual rates was unlawful under § 14 of the Shipping Act of 1916.
Held: the judgment is affirmed. Pp. 482-500.
(a) In § 14, Congress flatly prohibits certain specific conference practices having the purpose and effect of stifling the competition of independent carriers. In addition to these specific abuses, § 14 also forbids "resort to other discriminating or unfair methods," and this, in the context of § 14, must be construed as constituting a catch-all clause by which Congress meant to prohibit other practices not specifically enumerated but similar in purpose and effect to those which were enumerated. Pp. 491-493.
(b) Since the Board found that the proposed rate system was required to meet the competition of a certain independent carrier in order to obtain for Conference members a greater participation in the cargo moving in this trade, it follows that the system was a "resort to other discriminating or unfair methods" to stifle outside competition in violation of § 14. P. 493.
(c) Previous decisions in United States Navigation Co. v. Cunard S.S. Co., 284 U.S. 474, and Far East Conference v. United States, 342 U.S. 570, cannot be read as having passed on the construction of § 14 Third. Pp. 496-499.
99 U.S.App.D.C. 312, 239 F.2d 933, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Fmb v. Isbrandtsen Co., Inc., 356 U.S. 481 (1958) in 356 U.S. 481 356 U.S. 482. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=Z9CL6QIK5BCQ9UN.
MLA: U.S. Supreme Court. "Syllabus." Fmb v. Isbrandtsen Co., Inc., 356 U.S. 481 (1958), in 356 U.S. 481, page 356 U.S. 482. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Z9CL6QIK5BCQ9UN.
Harvard: U.S. Supreme Court, 'Syllabus' in Fmb v. Isbrandtsen Co., Inc., 356 U.S. 481 (1958). cited in 1958, 356 U.S. 481, pp.356 U.S. 482. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=Z9CL6QIK5BCQ9UN.
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