AMERICAN PRESIDENT LINES, LTD. v. FEDERAL MARITIME COM'N

No. 17104.

316 F.2d 419 (1963)

AMERICAN PRESIDENT LINES, LTD., et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1963.


Attorney(s) appearing for the Case

Mr. Elkan Turk, Jr., New York City, with whom Mr. Elkan Turk, New York City, was on the brief, for petitioners.

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

Messrs. Arthur E. Tarantino, Gordon Poole, Washington, D. C., John R. Mahoney and Elmer C. Maddy, New York City, filed a brief on behalf of the Steamship Conferences and their member lines as amici curiae, urging reversal.

Messrs. John F. Donelan, Dickson R. Loos and John M. Cleary, Washington, D. C., filed a brief on behalf of the National Industrial Traffic League, as amicus curiae, urging dismissal.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.


BURGER, Circuit Judge.

Petitioners, common carrier steamship lines, engaged in commerce between American and foreign ports, are members of the Far East Conference, a voluntary association established pursuant to § 15 of the Shipping Act of 1916, 39 Stat. 733, as amended, 46 U.S.C. § 814, to fix uniform rates for carriers who are members of the Conference. The Far East Conference employs a dual rate contract system whereby shippers who agree to deal exclusively...

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