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INTERNATIONAL PACKERS, LTD. v. FEDERAL MARITIME COM'N

No. 19271.

356 F.2d 808 (1966)

INTERNATIONAL PACKERS, LIMITED, Petitioner, v. FEDERAL MARITIME COMMISSION, and United States of America, Respondents, Overseas Freight and Terminal Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1966.

Attorney(s) appearing for the Case

Mr. J. Joseph Noble, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Roy Leifflen, Washington, D. C., was on the brief, for petitioner.

Mr. Walter H. Mayo, III, Atty., Federal Maritime Commission, of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. Donald F. Turner and Mr. M. C. Miskovsky, Sol., Federal Maritime Commission, were on the brief, for respondents. Mr. John C. Hunt, Atty., Federal Maritime Commission, also entered an appearance for respondent, Federal Maritime Commission. Mr. Irwin A. Seibel, Atty., Dept. of Justice, also entered an appearance for respondent, United States.

Mr. Marvin J. Coles, Washington, D. C., with whom Messrs. Donald D. Webster and Armin U. Kuder, Washington, D. C., were on the brief, for intervenor. Mr. Stanley O. Sher, Washington, D. C., also entered an appearance for intervenor.

Before BASTIAN, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

BURGER, Circuit Judge:

Petitioner seeks review of an order of the Federal Maritime Commission finding valid a surcharge made against petitioner by Intervenor Overseas Freight and Terminal Corporation. This Court has jurisdiction under the Administrative Orders Review Act § 2, 64 Stat. 1129 (1950), as amended, 5 U.S.C. § 1032 (1964).

The facts are not in dispute. Petitioner International Packers, Ltd., (Shipper) shipped a cargo of perishable meats...

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