CITY OF LOS ANGELES v. FEDERAL MARITIME COMMISSION

No. 20025.

385 F.2d 678 (1967)

The CITY OF LOS ANGELES, San Francisco Port Authority, and Encinal Terminals, Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Sea-Land Service, Inc., Sea-Land of California, Inc., City of Oakland, California, City of Long Beach, California, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided September 15, 1967.


Attorney(s) appearing for the Case

Mr. Walter C. Foster, Los Angeles, Cal., with whom Messrs. Edward C. Farrell, Los Angeles, Cal., and Robert Fremlin, San Francisco, Cal., were on the brief, for petitioners.

Mr. Walter H. Mayo, III, Atty., Federal Maritime Commission, with whom Asst. Atty. Gen. Donald F. Turner, Messrs. James L. Pimper, Gen. Counsel, Robert N. Katz, Sol., Federal Maritime Commission, and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief, for respondents.

Mr. J. Kerwin Rooney, Atty. for intervenor City of Oakland, Cal., argued on behalf of all intervenors.

Mr. Sterling F. Stoudenmire, Jr., Mobile, Ala., was on the brief for intervenors Sea-Land of California, Inc. and Sea-Land Service, Inc.

Mr. Leslie E. Still, Jr., Long Beach, Cal., was on the brief for intervenor City of Long Beach, Cal.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.


LEVENTHAL, Circuit Judge:

Following an evidentiary hearing, the Federal Maritime Commission approved an agreement between the Port of Oakland, California and Sea-Land of California, intervenors here, covering the cost of a preferential assignment of dock and wharfage facilities and related services at the Port of Oakland.1 Petitioners, competing California ports, challenge the agreement as violative of the governing provisions of Sections...

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