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OUTWARD CONTINENTAL NO. PAC. FR. CONF. v. FEDERAL MAR. COM'N

No. 21022.

385 F.2d 981 (1967)

OUTWARD CONTINENTAL NORTH PACIFIC FREIGHT CONFERENCE and Its Members, Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided October 26, 1967.

Attorney(s) appearing for the Case

Mr. John P. Meade, Washington, D. C., for petitioners. Mr. Robert L. Harmon, Chicago, Ill., also entered an appearance for petitioners.

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

Before BURGER, McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

This is a petition for review of an order of the Federal Maritime Commission disapproving, under Section 15 of the Shipping Act (46 U.S.C. § 801 et seq.), petitioners' ocean shipping conference agreement for their failure to comply with three General Orders of the Commission. Petitioners not only attack these Orders as beyond the rule-making authority of the Commission, but also challenge the power of the Commission to enforce them by withdrawing...

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