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116

746

United States v. Mullen (D. C. La.) Whitewater Lumber Co., In re (D. Ala.)

Williams v. Mason (D. C. Fla.)

SIXTH CIRCUIT.

Benham v. United States (C. C. A. Ohio).. 271
Berretta v. United States (C. C. A. Tenn.) 1017
Black v. United States (C. C. A. Tenn.).. 469
Board of Com'rs of Franklin County, Ohio,
v. Davis (C. C. A. Ohio)..
Borderland Coal Sales Co. v. Imperial Coal
Sales Co. (C. C. A. Ohio)
Bryant v. United States (C. C. A. Tenn.) 1017
Budd Mfg. Co. v. C. R. Wilson Body Co.

(D. C. Mich.) Butler v. United States (C. C. A. Ky.)...1017 Cadillac Automobile Motor No. 61-D-476 v. United States (C. C. A. Tenn.).. 102 Christian v. International Ass'n of Machinists (D. C. Ky.).....

481

American Range & Foundry Co. v. Mercantile Trust Co. (C. C. A. Minn.).. Amsinck & Co. v. Springfield Grocer Co. (C. C. A. Mo.).

Frackman Co. v. Lloyd's London, Inc. (D.

Chicago Reed & Furniture Co., In re (C. C. A. Ill.).. · · · ·

Arnold v. United States (C. C. A. Wis.).. 867 Ashland Water Co. v. Railroad Commission of Wisconsin (D. C. Wis.).

924

885

C. Ill.)

620

Joseph Frackman Co. v. Lloyd's London

Inc. (D. C. Ill.)

620

Levin v. Johnson (C. C. A. Ill.)

885

Michael v. United States (C. C. A. Ill.).. 865 Pattiz v. Semple (D. C. Ill.)

...

618

United States v. Moore (D. C. Ill.).

734

Wickham & Burton Coal Co. v. Minnesota Coal Co. (C. C. A. Ill.)....

873

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Allen v. Cartan & Jeffrey Co. (C. C. A. Neb.)

21

417

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Jones v. Ready (C. C. A. Mo.).

461

Fasulo v. United States (C. C. A. Cal.)... 961 Fern Gold Mining Co. v. Murphy (C. C. A.

J. W. Hutchins Co. v. Ford Motor Co. (C.
C. A. Minn.)
Lane v. Wabash R. Co. (C. C. A. Mo.)....1019
Leverentz v. Chicago, M. & St. P. R. Co.
(D. C. Minn.)
Lewis v. Kennamer (C. C. A. Okl.) ..1020
Mann v. United States (C. C. A. Okl.). 355
Martin v. United States (C. C. A. Okl.)..1020
Mattson v, United States (C. C. A. Minn.) 427
Minneapolis Electric Lamp Co. v. General
Electric Co. (C. C. A. Minn.).
Missouri Pac. R. Co. v. Higginson, Ken-
sett & Judsonia Road Imp. Dist. (C. C.
A. Ark.)
.1020
Morris v. United States (C. C. A. Ark.).. 785
National Fire Ins. Co. of Hartford, Conn.,
v. Elliott (C. C. A. Mo.).

..1020

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.1019

Fidelity & Deposit Co. of Maryland v. Redfield (C. Č. A. Idaho)..

800

396

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522

Or.)

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7 F.(2d)

Page

Scranton & Short, In re (D. C. Or.).... 473
S. L. Jones & Co. v. United States Shipping
Board Emergency Fleet Corporation (D.
C. Cal.)...

Spracklen v. Atchison, T. & S. F. R. Co.
(C. C. A. Cal.).

Stein, In re (D. C. Cal.).

Terry v. United States (C. C. A. Cal.)
Tilbury v. Oregon Stevedoring Co. (C. C.
A. Or.).

United States v. American-Hawaiian S. S.
Co. (D. C. Cal.).

893

468

United States V. Southern California

Page

Wholesale Grocers' Ass'n (D. C. Cal.).. 944 Vaught v. United States (C. C. A. Cal.).. 370 Walker v. United States (C. C. A. Cal.).. 309 Weedin v. Chin Bow (C. C. A. Wash.).... 369 Weedin v. Wong Jun (C. C. A. Wash.).. 311 Wills v. United States (D. C. Mont.). 137 Wilson v. Elk Coal Co. (C. C. A. Wash.) 112 Wong Fat Shuen v. Nagle (C. C. A. Cal.) 611 1 Wong Shee v. Nagle (C. C. A. Cal.) 612

169

28

153

United States v. Olmstead (D. C. Wash.) 756
United States v. Olmstead (D. C. Wash.) 760

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See End of Index for Tables of Federal Cases in Other Reports

CASES

ARGUED AND DETERMINED

IN THE

CIRCUIT COURTS OF APPEALS AND DISTRICT COURTS OF
THE UNITED STATES, AND COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA

TILBURY et al. v. OREGON STEVEDORING

CO., Inc., et al.

(Circuit Court of Appeals, Ninth Circuit. August 3, 1925.)

No. 4542.

Monopolies 12(2)-Complaint held not to allege violation of Sherman Anti-Trust Law or Clayton Act in organizing longshoremen employers' association.

Allegations of illegal combination between ship owners and operators controlling nearly all port's longshore and stevedoring business, that restrictions and interferences were by establishing water front employers' association, establishing a hiring hall, making rules and regulations governing employment and conduct of longshoremen, establishing registration system, fixing and enforcing uniform wages for longshoremen, and limiting employment to favored longshoremen, and refusing to employ any one discharged by other defendants, held not to show impeding of commerce or violation of Sherman Anti-Trust Law (Comp. St. §§ 8820 8823, 8827-8830) or Clayton Act, or that defendants had other purpose than to regulate fairly transaction of their business.

Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge.

Suit by Charles E. Tilbury and another against the Oregon Stevedoring Company, · Inc., and others, to restrain defendants from violating the Sherman Anti-Trust Act and for damages under the Clayton Act. From a decree dismissing the complaint, plaintiffs appeal. Affirmed.

Charles H. Carey, James B. Kerr, Charles A. Hart, Omar C. Spencer, and Charles E. McCulloch, all of Portland, Or., for other appellees.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge. From a decree entered upon motion to dismiss a complaint in a suit brought to restrain the appellees from violating the Sherman Anti-Trust Act (Comp. St. §§ 8820-8823, 8827-8830), and acts amendatory thereof, and for damages in accordance with the provisions of the Clayton Act (38 Stat. 730), plaintiffs appeal.

The complaint charges that an illegal combination existed among shipowners and operators at the port of Portland, controlling nearly all of the Portland longshore and stevedoring business to and from ships engaged in interstate and foreign transportation; that the restrictions and interferences are by (1) establishing a water front emmembers, with a constitution and by-laws in ployers' association among themselves as the form of an unincorporated association; (2) establishing a hiring hall, through which they would exclusively employ longshoremen; (3) making rules and regulations governing such employment and the conduct of longshoremen; (4) establishing a registration system requiring all longshoremen to make application to the manager for permis

Lord & Moulton, of Portland, Or., for sion to work in loading and discharging appellants.

Andros, Hengstler & Dorr, of San Francisco, Cal., and Wilson & Reilly, of Portland, Or., for appellee Luckenbach S. S. Co., Inc. A. C. Spencer and Roy F. Shields, both of Portland, Or., for appellee San Francisco & P. S. S. Co.

7 F. (2d)-1

ships in interstate and foreign commerce, who, after referring the application to a person who had a list of persons who were objectionable to respondents (which complainants allege on information and belief is becauce of affiliation with labor organizations), would, if not objected to, put the

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