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AMERICAN EXPORT ISBRANDTSEN LINES v. FEDERAL MAR. COM'N

Nos. 416 and 417, Dockets 32357 and 32358.

409 F.2d 1258 (1969)

AMERICAN EXPORT ISBRANDTSEN LINES, INC. and Prudential Lines, Inc., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals Second Circuit.

Decided April 8, 1969.

Attorney(s) appearing for the Case

Whitman Knapp, New York City (Barrett Knapp, Smith & Schapiro, David Simon, Sigmund A. Beck, New York City, Kurrus & Jacobi, Richard W. Kurrus, Raymond P. De Member, Washington, D. C., on the brief), for petitioners.

Kenneth H. Burns, Solicitor, Federal Maritime Commission, Washington, D. C. (James L. Pimper, Gen. Counsel, John E. Cograve, Deputy Gen. Counsel, H. B. Mutter, Asst. Solicitor, Federal Maritime Commission, Edwin M. Zimmerman, Asst. Atty. Gen., Erwin A. Seibel, George Edelstein, Attys., U. S. Dept. of Justice, on the brief), for respondents.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

American Export Isbrandtsen Lines, Inc. and Prudential Lines, Inc. petition to review a report and order of the Federal Maritime Commission which found them guilty of unjust discrimination in violation of section 17 of the Shipping Act of 1916, 46 U.S.C. § 816, because they charged higher rates for shipments of household goods by the State Department than for similar shipments by the Defense Department during 1965 and the first six months...

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