PUERTO RICO MARITIME SHIPPING AUTHORITY v. I.C.C.

No. 79-2228.

645 F.2d 1102 (1981)

PUERTO RICO MARITIME SHIPPING AUTHORITY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Trailer Marine Transport Corporation, Sea Land Service, Inc., International Longshoremen's Association, American Trucking Association, Inc., Federal Maritime Commission, Houston Port Bureau, Inc. et al., South Carolina State Ports Authority, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 1981.


Attorney(s) appearing for the Case

Morris R. Garfinkle, Washington, D.C., with whom Amy Loeserman Klein, Olga Boikess and Kathleen Mahon, Washington, D.C., were on the brief, for petitioner and intervenors, South Carolina State Ports Authority and Houston Port Bureau, et al.; Richard D. Gluck, Washington, D.C., also entered an appearance, for petitioner.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D.C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D.C., was on the brief, for intervenor, Federal Maritime Commission.

Kathleen M. Dollar, Deputy Associate Gen. Counsel, I.C.C., Washington, D.C., with whom Richard A. Allen, Gen. Counsel, I.C.C., Washington, D.C., Sanford M. Litvack, Asst. Atty. Gen., New York City, Barry Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Robert B. Nicholson, Atty. Dept. of Justice and Henri F. Rush, Counsel, I.C.C., Washington, D.C., also entered appearances for respondents.

Michael Joseph, Washington, D.C., with whom John Cunningham, Washington, D.C., was on the brief, for intervenor, Trailer Marine Transport Corp.

Nelson J. Cooney, Kenneth E. Siegel and Alan J. Thiemann, Washington, D.C., were on the brief, for intervenor, American Trucking Associations, Inc.

Thomas W. Gleason, New York City, was on the brief, for intervenor, International Longshoremen's Ass'n, Inc.

Donald J. Brunner, Washington, D.C., entered an appearance for intervenor, Sea Land Service, Inc.

Before McGOWAN, Chief Judge, and WRIGHT, Circuit Judge, and GASCH, United States District Judge for the District of Columbia.


Opinion for the court filed by Chief Judge McGOWAN.

McGOWAN, Chief Judge:

This is a proceeding to review an order of the Interstate Commerce Commission, in which the Commission accepted for the first time exclusive jurisdiction over tariffs naming joint motor/water through rates in trade between the United States and Puerto Rico. In large part the Commission reversed its longstanding previous practice on the strength of Trailer Marine Transport v. Federal...

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