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GREATER BATON ROUGE PORT COMMISSION v. UNITED STATES

No. 18006.

287 F.2d 86 (1961)

GREATER BATON ROUGE PORT COMMISSION, and Cargill, Incorporated, Petitioners, v. UNITED STATES of America, and Federal Maritime Board, Respondents.

United States Court of Appeals Fifth Circuit.

February 7, 1961.

Attorney(s) appearing for the Case

Weston B. Grimes, Carey & Grimes, Washington, D. C. and Samuel D. Timmons, Minneapolis, Minn., for appellant Cargill, Inc.

George Mathews, Hynes, Mathews & Lane, Baton Rouge, La., for appellant Greater Baton Rouge Port Commission.

Edward Aptaker, Robert B. Hood, Jr., Attys., Robert E. Mitchell, Asst. Gen. Counsel, Federal Maritime Board, Washington, D. C., Richard A. Solomon, Atty., Dept. of Justice, Washington, D. C., Robert A. Bicks, Acting Asst. Atty. Gen., (E. Robert Seaver, Gen. Counsel, Federal Maritime Board, of counsel), for appellees.

Walter Carroll, Edward S. Bagley, New Orleans, La., Terriberry, Rault, Carroll, Martinez & Yancey, New Orleans, La., of counsel, for intervenor.

Before TUTTLE, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Cargill, Inc., is a large grainhandling company. It has an exclusive right to operate a public grain elevator within the Greater Baton Rouge port area by virtue of an agreement with the Baton Rouge Port Commission. The dispute generating this litigation began when Cargill attempted, by amendment to the agreement, to control all the stevedoring business at the elevator. Petitioners pose jurisdictional problems under the Shipping Act, 46...

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