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STATES MARINE LINES, INC. v. FEDERAL MARITIME COMMISSION

Nos. 16667, 16671.

313 F.2d 906 (1963)

STATES MARINE LINES, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. ISBRANDTSEN COMPANY, Inc., Petitioner, v. FEDERAL MARITIME COMMISSION (formerly Federal Maritime Board) and United States of America, Respondents, States Marine Lines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 3, 1963.

Petition for Rehearing Denied February 7, 1963.

Attorney(s) appearing for the Case

Mr. Elkan Turk, Jr., Washington, D. C., with whom Mr. Elkan Turk, Washington, D. C., was on the brief, for petitioner in No. 16,667 and intervenor in No. 16,671.

Mr. Richard W. Kurrus, Washington, D. C., with whom Mr. James N. Jacobi, Washington, D. C., was on the brief, for petitioner in No. 16,671.

Mr. Paul D. Page, Jr., Atty., Federal Maritime Commission, with whom Mr. James L. Pimper, Gen. Counsel, Federal Maritime Commission, was on the brief, for respondent Federal Maritime Commission. Messrs. Robert E. Mitchell, Deputy Gen. Counsel, Federal Maritime Commission, and Thomas D. Wilcox, Atty., Federal Maritime Commission, also entered appearances for respondent Federal Maritime Commission.

Mr. Joel E. Hoffman, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Irwia A. Seibel, Atty., Dept. of Justice, was on the brief, for respondent United States.

Before WILBUR K. MILLER, DANAHER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied February 7, 1963.

J. SKELLY WRIGHT, Circuit Judge.

States Marine Lines, Inc. (SML) and Waterman Steamship Corporation (Waterman) are members of the Far East Conference of steamship lines. This conference operates a dual rate contract system in the cotton trade originating from the Gulf ports. Briefly, this system establishes one tariff for the shipment of cotton for those shippers who contract to ship exclusively on conference...

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