ALCOA STEAMSHIP COMPANY v. FEDERAL MARITIME COM.

Nos. 17378, 17383.

321 F.2d 756 (1963)

ALCOA STEAMSHIP COMPANY, Inc., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Grace Line Inc., Compania Anonima Venezolana de Navegacion, Intervenors. ROYAL NETHERLANDS STEAMSHIP COMPANY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Grace Line Inc., Compania Anonima Venezolana de Navegacion, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Mr. Elmer C. Maddy, New York City, with whom Mr. Ronald A. Capone, Washington, D. C., was on the brief, for petitioner in No. 17378.

Mr. Burton H. White, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of court, with whom Mr. Arthur E. Tarantino, Washington, D. C., was on the brief, for petitioner in No. 17383.

Mr. Robert E. Mitchell, Deputy General Counsel, with whom Messrs. James L. Pimper, General Counsel, and Paul D. Page, Jr., Attorney, Federal Maritime Commission, and Mr. Irwin A. Seibel, Attorney, Department of Justice, were on the brief, for respondents.

Mr. J. Alton Boyer, Washington, D. C., with whom Messrs. E. Russell Lutz and Odell Kominers, Washington, D. C., were on the brief, for intervenor, Grace Line, Inc.

Mr. Renato C. Giallorenzi, of the bar of the Court of Appeals of New York, New York City, was allowed to argue, pro hac vice, for intervenor, Compania Anonima Venezolana de Navegacion, but did not argue.

Mr. William C. McAuliffe, Jr., New York City, was also on the brief for intervenor, Compania Anonima Venezolana de Navegacion.

Mr. Elkan Turk, Jr., New York City, filed a brief on behalf of Royal Netherlands Shipowners Association, as amicus curiae, urging reversal.

Before WASHINGTON, WRIGHT and McGOWAN, Circuit Judges.


McGOWAN, Circuit Judge.

There are before us two petitions to review the approval by the Federal Maritime Commission of a pooling agreement filed with it under Section 15 of the Shipping Act, 1916. (39 Stat. 733, as amended, 46 U.S.C. § 814.) The agreement relates to southbound traffic from Atlantic ports to Venezuela, and the parties to it are Grace Line Inc. (Grace), an American carrier which operates only U.S. flag vessels in this trade, and Compania Anonima...

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