SWIFT & COMPANY, Swift & Company Packers, Petitioners,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
West India Fruit & Steamship Co., Inc., Gulf and South Atlantic Havana Steamship Conference, et al., Intervenors.
GULF AND SOUTH ATLANTIC HAVANA STEAMSHIP CONFERENCE et al., Petitioners,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
Swift & Company and Swift & Company Packers, American Waterways Operators, Inc., National Industrial Traffic League, Intervenors.
WEST INDIA FRUIT & STEAMSHIP CO., Inc., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
Swift & Company and Swift & Company Packers, American Waterways Operators, Inc., National Industrial Traffic League, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 5, 1962.
Decided May 24, 1962.
Attorney(s) appearing for the Case
Mr. George F. Galland, Washington, D. C., with whom Mr. Robert N. Kharasch, Washington, D. C., was on the brief, for petitioners in No. 16,288 and intervenors Swift & Co., Swift & Co. Packers and National Industrial Traffic League in Nos. 16,444 and 16,455. Mrs. Amy Scupi, Washington, D. C., was also on the brief for petitioners in No. 16,288.
Mr. Edward S. Bagley, New Orleans, La., of the bar of the Supreme Court of Louisiana, pro hac vice, by special leave of court, for petitioner in No. 16,444. Mr. Joseph M. Rault, New Orleans, La., also entered an appearance for petitioner in No. 16,444.
Mr. J. Alton Boyer, Washington, D. C., with whom Mr. Odell Kominers, Washington, D. C., was on the brief, for petitioner in No. 16,455.
Mr. Harold L. Witsaman, Atty., Federal Maritime Commission, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of court, with whom Messrs. James L. Pimper, Gen. Counsel, and Robert E. Mitchell, Deputy Gen. Counsel, Federal Maritime Commission, were on the brief, for respondent Commission. Mr. Richard A. Solomon, Atty., Dept. of Justice, at the time the brief for respondent United States was filed, was on its brief. Mr. Edward Aptaker, Asst. Gen. Counsel for the Commission at the time the record was filed, entered an appearance for the Commission. Mr. Irwin A. Seibel, Atty., Dept. of Justice, entered an appearance for respondent United States.
Mr. Gerald D. Morgan, Washington, D. C., with whom Mr. John H. Eisenhart, Jr., Washington, D. C., was on the brief, for intervenor American Waterways Operators, Inc.
Mr. T. S. L. Perlman, Washington, D. C., entered an appearance for intervenor West India Fruit & Steamship Co., Inc., in No. 16,288.
Mr. H. F. Gillis, Washington, D. C., also entered an appearance for intervenor National Industrial Traffic League.
Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WASHINGTON, Circuit Judge.
This opinion deals with three related appeals arising out of a Report and Order issued by the Federal Maritime Board1 on February 3, 1961, which found that the West India Fruit & Steamship Company ("West India") and other members of a steamship conference had violated various provisions of the Shipping Act, and directed hearings to allow a complaining shipper to...
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