ALABAMA GREAT SOUTHERN R. CO. v. FEDERAL MARITIME COM'N

No. 19798.

379 F.2d 100 (1967)

The ALABAMA GREAT SOUTHERN RAILROAD COMPANY et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Tampa Port Authority, the Atchison, Topeka & Santa Fe Railway Company et al., North Atlantic Ports Association, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 17, 1967.


Attorney(s) appearing for the Case

Mr. Robert J. Corber, Washington, D. C., with whom Mr. Henry J. Karison, Washington, D. C., was on the brief, for petitioners.

Mr. Walter H. Mayo, III, Atty., Federal Maritime Commission, with whom Asst. Atty. Gen. 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. M. C. Miskovsky, attorney, Federal Maritime Commission, at the time the record was filed, also entered an appearance for respondent Federal Maritime Commission.

Mr. J. Alton Boyer, Washington, D. C., for intervenor Tampa Port Authority.

Mr. Francis A. Scanlan, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Mr. John A. Kennedy, Jr., Washington, D. C., was on the brief, for intervenor North Atlantic Ports Ass'n.

Mr. Thormund A. Miller, Washington, D. C., entered an appearance for intervenor Atchison, T. & S. F. Ry. Co. and others.

Before BAZELON, Chief Judge, and DANAHER, Circuit Judge, and BASTIAN, Senior Circuit Judge.


PER CURIAM.

This case involves the jurisdiction of the Federal Maritime Commission under the Shipping Act of 1916 to require the filing of tariffs, on or before their effective dates, by rail carriers owning or controlling port terminal facilities. Over a period of years in furtherance of rule-making the Commission gave notice and conducted hearings which resulted in the Commission's General Order 15, 46 C.F.R. Part 533 (1966), amended on June 24, 1966 (31 Fed.Reg...

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