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HOHENBERG BROTHERS COMPANY v. FEDERAL MARITIME COM'N

No. 16870.

316 F.2d 381 (1963)

HOHENBERG BROTHERS COMPANY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1963.

Attorney(s) appearing for the Case

Mr. Alan F. Wohlstetter, Washington, D. C., with whom Mr. Ernest H. Land, Washington, D. C., was on the brief, for petitioner.

Mr. Thomas D. Wilcox, Atty., Federal Maritime Commission, with whom Messrs. James L. Pimper, Gen. Counsel, and Robert E. Mitchell, Deputy Gen. Counsel, Federal Maritime Commission, were on the brief, for respondents. Mr. Irwin A. Seibel, Atty., Dept. of Justice, also entered an appearance for respondent United States of America.

Before WASHINGTON, DANAHER and WRIGHT, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

The Federal Maritime Commission ordered Hohenberg Brothers Company, an important cotton shipper, to cease attempts to obtain reduced transportation rates contrary to Section 16 of the Shipping Act of 1916.1 Appealing from that order,2 Hohenberg asserts (1) that there is no evidence that it acted "knowingly and willfully" in obtaining such rates, and (2) that a false claim for...

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