Legal Opinion

United States v. Tucor International, Inc.

Court of Appeals for the Ninth Circuit

Decided September 2, 1999No. 98-10316PublishedCited by 5 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

Section 7(a)(4) of the Shipping Act of 1984 states: “The antitrust laws do not apply to ... any agreement or activity concerning the foreign inland segment of through transportation provided in a United States import or export trade.” We hold that this language is clear and unambiguous, and exempts from criminal prosecution those engaged in trucking household goods to and from points entirely within a foreign country as part of “through transportation” to the United States. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Tucor International and Tucor Industries (the “Tucor…

2Cases cited5 opinions

  1. United States v. Gordon WalgrenCourt of Appeals for the Ninth Circuit · 1989
  2. Larken, Inc. v. Dirk Wray, - Appellant., Al YipCourt of Appeals for the Eighth Circuit · 1999
  3. Minoru Yasui v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. United States v. Denard Darnell NealCourt of Appeals for the Ninth Circuit · 1992
  5. Transpacific Westbound Rate Agreement, and Asia North America Eastbound Agreement, Intervenor v. Federal Maritime Commission, United States of AmericaCourt of Appeals for the Ninth Circuit · 1991

3Cited by5 opinions

  1. United States ex rel Kurt Bunk v. Gosselin World Wide MovingCourt of Appeals for the Fourth Circuit · 2013
  2. United States ex rel Kurt Bunk v. Gosselin World Wide MovingCourt of Appeals for the Fourth Circuit · 2013
  3. United States ex rel. Kurt Bunk v. Gosselin World Wide MovingCourt of Appeals for the Fourth Circuit · 2014
  4. United States v. Tucor International, Inc.Court of Appeals for the Ninth Circuit · 1999
  5. United States v. Tucor International, Inc.Court of Appeals for the Ninth Circuit · 2001

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