AMERICAN EXPORT-ISBRANDTSEN L., INC. v. FEDERAL MAR. COM'N

No. 22820.

444 F.2d 824 (1970)

AMERICAN EXPORT-ISBRANDTSEN LINES, INC., et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Empire State Highway Transportation Association, Inc., Middle Atlantic Conference, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1970.


Attorney(s) appearing for the Case

Mr. Mark P. Schlefer, Washington, D. C., with whom Messrs. Joseph A. Byrne, New York City, and Stuart C. Law, Washington, D. C., were on the brief, for petitioners.

Mr. Norman C. Barnett, Asst. Sol., Federal Maritime Commission, with whom Messrs. James L. Pimper, General Counsel, Kenneth H. Burns, Sol., Federal Maritime Commission, and Irwin A. Seibel, Attorney, Department of Justice, were on the brief, for respondents. Mr. H. B. Mutter, Asst. Sol., Federal Maritime Commission, also entered an appearance for respondents.

Mr. Arthur Liberstein, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Joseph Rotwein, Washington, D. C., was on the brief, for intervenor, Empire State Highway Transportation Ass'n, Inc.

Mr. Thomas M. Knebel, Washington, D. C., was on the brief, for intervenor, Middle Atlantic Conference.

Before FAHY, Senior Circuit Judge, and TAMM and MacKINNON, Circuit Judges.


MacKINNON, Circuit Judge:

This case involves a truck Detention Rule1 which the Federal Maritime Commission ("Commission") ordered inserted into the tariffs of the New York Terminals' Conference2 (Terminals) in an attempt to relieve congestion at the wharves, piers and marine terminals in the area of the Port of New York. A shipping company, American ExportIsbrandtsen Lines, Inc. (Isbrandtsen) and other members...

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