Legal Opinion

West India Fruit & Steamship Co. v. Seatrain Lines, Inc.

Court of Appeals for the Second Circuit

Decided November 5, 1948No. 81, Docket 21126PublishedCited by 37 opinions

1Opinion of the Court

FRANK, Circuit Judge.

1. Defendant, Seatrain, contends that the district court lacked power to issue an injunction in aid of the Commission, regardless of the facts. We cannot agree, especially as the Commission has intervened as a party plaintiff. See California v. United. States, 320 U.S. 577, 584, 585, 64 S.Ct. 352, 88 L.Ed. 322; F.R.C.P. 24(b) as recently amended; S. E. C. v. U. S. Realty & Improvement Co., 310 U.S. 434, 60 S.Ct. 1044, 84 L.Ed. 1293; Berger, Intervention by Public Agencies in Private Litigation in the Federal Courts, 50 Yale L. J. (1940) 65. We consider inapposite U. S.…

2Cases cited5 opinions

  1. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  2. United States Navigation Co. v. Cunard Steamship Co.Supreme Court of the United States · 1932
  3. California v. United StatesSupreme Court of the United States · 1944
  4. Securities & Exchange Commission v. Long Island Lighting Co.Court of Appeals for the Second Circuit · 1945
  5. Brotherhood of Locomotive Firemen & Enginemen v. Interstate Commerce CommissionSupreme Court of the United States · 1945

3Cited by37 opinions

  1. Federal Trade Commission v. Dean Foods Co.Supreme Court of the United States · 1966
  2. Arrow Transportation Co. v. Southern Railway Co.Supreme Court of the United States · 1963
  3. State Of Texas v. Seatrain International, S. A.Court of Appeals for the Fifth Circuit · 1975
  4. Patricia SHEEHAN, Plaintiff-Appellant, v. PUROLATOR COURIER CORPORATION and Purolator, Inc., Defendants-AppelleesCourt of Appeals for the Second Circuit · 1982
  5. Lichten v. Eastern Airlines, IncCourt of Appeals for the Second Circuit · 1951

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