KEMPNER v. FEDERAL MARITIME COMMISSION

No. 16658.

313 F.2d 586 (1963)

H. KEMPNER, Galveston Cotton Company and Texas Cotton Industries, Petitioners, v. FEDERAL MARITIME COMMISSION (formerly Federal Maritime Board) and United States of America, Respondents, Gulf/Mediterranean Ports Conference et al., The Common Carriers by Water, Members of the Far East Conference, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 10, 1963.

Petition for Rehearing Denied February 15, 1963.

Petition for Rehearing Denied February 26, 1963.


Attorney(s) appearing for the Case

Mr. Shelby Fitze, Washington, D. C., with whom Messrs. Delmar W. Holloman and James T. Welch, Washington, D. C., were on the brief, for petitioners.

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. Irwin A. Seibel, Atty., Dept. of Justice, was on the brief, for respondent United States.

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 intervenors Gulf/Mediterranean Ports Conference and others. Mr. Joseph M. Rault, New Orleans, La., was on the brief for intervenors Gulf/Mediterranean Ports Conference and others.

Mr. Elkan Turk, Jr., New York City, with whom Mr. Elkan Turk, New York City, was on the brief, for intervenors The Common Carriers by Water, Members of the Far East Conference.

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


Petition of Intervenors Gulf/Mediterranean Ports Conference, et al. for Rehearing En Banc Denied En Banc on February 15, 1963.

Petition of Intervenor Members of the Far East Conference for Rehearing En Banc Denied En Banc on February 26, 1963.

PER CURIAM.

The Federal Maritime Board1 denied reparations sought by the petitioners because of the imposition of dual rates said to have been unlawful. It held that, since it had...

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