GRACE LINE v. PANAMA CANAL COMPANY

No. 111, Docket 24226.

243 F.2d 844 (1957)

GRACE LINE, Inc., et al., Plaintiffs-Appellants, and National Bulk Carriers, Inc., et al., Intervening Plaintiffs-Appellants, v. PANAMA CANAL COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 8, 1957.


Attorney(s) appearing for the Case

C. Dickerman Williams, of Maclay, Morgan & Williams, New York City (J. Stewart Harrison, of Brobeck, Phleger & Harrison, San Francisco, Cal., and William I. Stoddard, of Maclay, Morgan & Williams, New York City, on the brief), for plaintiffs-appellants and intervening plaintiffs-appellants.

George Cochran Doub, Asst. Atty. Gen. (Leavenworth Colby, Chief Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., Paul A. Sweeney and Herman Marcuse, Attys., Dept. of Justice, Washington, D. C., and Benjamin H. Berman, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, on the brief), for Panama Canal Company, defendant-appellee.

Brief by James M. Estabrook, New York City, as amicus curiæ in support of plaintiffs-appellants.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


CLARK, Chief Judge.

This appeal concerns the power of a federal district court to compel the government corporation which operates the Panama Canal to set tolls according to the new formula established by Congress in 1950 and to repay canal users several million dollars damages for excess tolls charged. It raises interesting and important questions as to judicial responsibility and authority when administrative action is...

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