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FLOTA MERCANTE GRANCOLOMBIANA v. FEDERAL MARITIME COM'N

Nos. 18230, 18235.

342 F.2d 924 (1964)

FLOTA MERCANTE GRANCOLOMBIANA, S.A., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Philip R. Consolo, Intervenor. Philip R. CONSOLO, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Flota Mercante Grancolombiana, S.A., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 17, 1964.

Certiorari Granted June 1, 1965.

Attorney(s) appearing for the Case

Mr. J. Alton Boyer, Washington, D. C., with whom Mr. Odell Kominers, Washington, D. C., was on the brief, for petitioner in No. 18,230 and intervenor in No. 18,235.

Mr. Robert N. Kharasch, Washington, D. C., with whom Mr. William J. Lippman and Mrs. Amy Scupi, Washington, D. C., were on the brief, for petitioner in No. 18,235 and intervenor in No. 18,230.

Mr. David P. Simerman, Atty., Federal Maritime Commission, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen., William H. Orrick, Jr., and Messrs. James L. Pimper, Gen. Counsel, Robert E. Mitchell, Deputy Gen. Counsel, Federal Maritime Commission, and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief, for respondents.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and WASHINGTON, Circuit Judge.

Certiorari Granted June 1, 1965. See 85 S.Ct. 1764.

WASHINGTON, Circuit Judge:

This litigation is before us a second time. The background of the case is set forth in our first opinion, at 112 U.S. App.D.C. 302, 302 F.2d 887 (1962). In that opinion we concluded (1) that the Federal Maritime Board properly had before it the issue whether Flota had violated Section 14, Fourth, and Section 16, First, of the Shipping Act, 46 U...

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