U. S. ATL. & GULF/AUSTRALIA-N. ZEA. CON. v. F. M. C.

Nos. 19637, 19704.

364 F.2d 696 (1966)

U. S. ATLANTIC & GULF/AUSTRALIA-NEW ZEALAND CONFERENCE, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Dow Chemical Co. and Dow Chemical International, Port of New York Authority, The North Atlantic Ports Association Traffic Board, Intervenors. U. S. ATLANTIC & GULF/AUSTRALIA-NEW ZEALAND CONFERENCE, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, The Dow Chemical Company and Dow Chemical International, S.A., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1966.


Attorney(s) appearing for the Case

Mr. Elmer C. Maddy, New York City, with whom Mr. Ronald A. Capone, Washington, D. C., was on the brief, for petitioner.

Mr. Jerry Z. Pruzansky, Attorney, Department of Justice, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. Donald F. Turner, Messrs. James L. Pimper, General Counsel, Federal Maritime Commission, Walter H. Mayo, III, Attorney, Federal Maritime Commission, and Irwin A. Seibel, Attorney, Department of Justice, were on the brief, for respondents.

Mr. Jerome H. Heckman, Washington, D. C., with whom Mr. Robert R. Tiernan, Washington, D. C., was on the brief, for intervenor Dow Chemical Co., and Dow Chemical International

Messrs. Arthur L. Winn, Jr., S. H Moerman, J. Raymond Clark and James M. Henderson, Washington, D. C., were on the brief, for intervenors Port of New York Authority and The North Atlantic Ports Ass'n Traffic Board. Mr. Gordon P. MacDougall, Washington, D. C., also entered an appearance for intervenors, Port of New York Authority and The North Atlantic Ports Ass'n Traffic Board.

Before WILBUR K. MILLER, Senior Circuit Judge, McGOWAN and LEVENTHAL, Circuit Judges.


McGOWAN, Circuit Judge:

These statutory review petitions bring before us the action of the Federal Maritime Commission in enlarging the scope of one of the ocean carrier conferences existing under the Shipping Act of 1916. Section 15 of that statute, 46 U.S.C. § 814, contemplates that competitors may, with the Commission's prior approval, engage in concerted activities with respect to rates and other aspects of the service they offer. Petitioner is such a shipping...

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