MARINE SPACE ENCLOSURES, INC. v. FEDERAL MARITIME COM'N

No. 22936.

420 F.2d 577 (1969)

MARINE SPACE ENCLOSURES, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, The City of New York, The Port Authority of New York, Greek Lines, Inc., et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 30, 1969.


Attorney(s) appearing for the Case

Mr. Joseph A. Klausner, Washington, D. C., for petitioner.

Mr. Kenneth H. Burns, Solicitor, Federal Maritime Commission, with whom Messrs. James L. Pimper, Gen. Counsel, Federal Maritime Commission, and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief, for respondents.

Mr. Patrick J. Falvey, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. J. Lee Rankin, New York City, and Sidney Goldstein, Chicago, Ill., were on the brief, for intervenors, The City of New York and The Port Authority of New York. Mr. James M. Henderson, Washington, D. C., also entered an appearance for intervenors The City of New York and The Port Authority of New York.

Mr. Marvin J. Coles, Washington, D. C., with whom Mr. Neal Michael Mayer was on the brief, for intervenor, Greek Lines, Inc., et al.

Before McGOWAN, LEVENTHAL and ROBINSON, Circuit Judges.


LEVENTHAL, Circuit Judge:

Marine Space Enclosures, Inc. (Petitioner) brings this action to review a decision and order of the Federal Maritime Commission (FMC), approving without hearing a contract for the construction and maintenance of maritime passenger terminal facilities in the port of New York City, and a companion agreement between carriers and the Port Authority for use of the terminal. We think that the Commission's failure to hold a hearing was a violation...

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