EMPIRE STATE HIGHWAY TRANSP. ASS'N v. FEDERAL MARITIME BD.

No. 15840.

291 F.2d 336 (1961)

EMPIRE STATE HIGHWAY TRANSPORTATION ASSOCIATION, INC., Petitioner v. FEDERAL MARITIME BOARD and United States of America, Respondents, American Export Lines et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Mr. Herbert Burstein, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. John A. Kendrick, Washington, D. C., was on the brief, for petitioner.

Mr. Frank Gormley, Attorney, Federal Maritime Board, of the bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of court, with whom Messrs. James L. Pimper, General Counsel, Federal Maritime Board, Robert E. Mitchell, Asst. General Counsel, Division of Litigations, Federal Maritime Board, Edward Aptaker, Asst. General Counsel, Division of Regulations, Federal Maritime Board, and Richard A. Solomon, Attorney, Department of Justice, were on the brief for respondents.

Mr. Mark P. Schlefer, Washington, D. C., with whom Mr. T. S. L. Perlman was on the brief, for intervenors.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.


FAHY, Circuit Judge.

Petitioner is an association of motor carriers engaged in the transportation of freight moving in foreign commerce from and to piers, docks and waterfront terminals in the Port of Greater New York. The carriers engage the services of various terminal operators, steamship companies and stevedores. These include the intervenors, who operate ocean terminal facilities in the Port. They load or unload the...

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