FLOTA MERCANTE GRANCOLOMBIANA v. FEDERAL MARITIME COM'N

Nos. 15330, 16366, 16369.

302 F.2d 887 (1962)

FLOTA MERCANTE GRANCOLOMBIANA, S.A., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Philip R. Consolo, Banana Distributors, Inc., Intervenors. Philip R. CONSOLO, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Flota Mercante Grancolombiana, S.A., Intervenor. FLOTA MERCANTE GRANCOLOMBIANA, S.A., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Philip R. Consolo, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 26, 1962.


Attorney(s) appearing for the Case

Mr. J. Alton Boyer, Washington, D. C., with whom Mr. Odell Kominers, Washington, D. C., was on the brief, for petitioners in No. 15,330 and No. 16,369 and for intervenor in No. 16,366. Mr. T. S. L. Perlman, Washington, D. C., also entered an appearance for petitioner in No. 15,330.

Mr. Robert N. Kharasch, Washington, D. C., with whom Mr. William J. Lippman and Mrs. Amy Scupi, Washington, D. C., were on the brief, for petitioner in No. 16,366.

Mr. Thomas D. Wilcox, Attorney, Federal Maritime Commission, with whom Messrs. James L. Pimper, General Counsel, Federal Maritime Commission, and Robert E. Mitchell, Deputy General Counsel, Federal Maritime Commission, were on the brief, for respondents. Mr. Edward Aptaker, Assistant General Counsel, Division of Regulations, Federal Maritime Commission, at the time the brief was filed, was on the brief for respondents in No. 15,330. Mr. Irwin A. Seibel, Attorney, Department of Justice, was on the brief for respondents in No. 15,330, and also entered an appearance for respondent United States of America in No. 16,366 and No. 16,369. Mr. Richard A. Solomon, Attorney, Department of Justice, was on the brief for respondents in No. 16,366 and No. 16,369 and also entered an appearance for respondent United States of America in No. 15,330.

Mr. Robert N. Kharasch, Washington, D. C., with whom Mr. William J. Lippman, Washington, D. C., was on the brief, for intervenor Philip R. Consolo in No. 15,330 and No. 16,369. Mr. George F. Galland, Washington, D. C., also entered an appearance for intervenor Philip R. Consolo in No. 15,330 and No. 16,369.

Messrs. Richard W. Kurrus, and James N. Jacobi, Washington, D. C., were on the brief for intervenor Banana Distributors, Inc., in No. 15,330.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

These cases raise issues concerning the grant of reparations by the Federal Maritime Board1 to Philip R. Consolo, a banana shipper, against Flota Mercante Grancolombiana, S.A. ("Flota"), a steamship company, for Flota's allegedly discriminatory treatment of Consolo, who sought space on Flota's vessels for the shipment of bananas from Ecuador to the United States.

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