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PACIFIC COAST EUROPEAN CONF. v. FEDERAL MARITIME COM'N

Nos. 22407, 23330.

439 F.2d 514 (1970)

PACIFIC COAST EUROPEAN CONFERENCE and Its Member Lines, Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, States Marine Lines, Inc., & Global Bulk Transport, Inc., Intervenors. STATES MARINE LINES, INC., and Global Bulk Transport, Inc., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Pacific Coast European Conference et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 16, 1970.

Certiorari Dismissed March 17, 1971.

Attorney(s) appearing for the Case

Mr. John P. Meade, Washington, D. C., for petitioners in No. 22,407 and intervenors in No. 23,330.

Mr. George F. Galland, Washington, D. C., with whom Mrs. Amy Scupi was on the brief, for petitioners in No. 23,330 and intervenors in No. 22,407.

Mr. Paul J. Fitzpatrick, Attorney, Federal Maritime Commission, with whom Messrs. James L. Pimper, General Counsel, H. B. Mutter, Deputy Solicitor, Federal Maritime Commission, and Irwin A. Seibel, Attorney, Department of Justice, were on the brief, for respondents. Messrs. Robert N. Katz, Solicitor, Federal Maritime Commission, Norman C. Barnett, Attorney, Federal Maritime Commission, and Kenneth H. Burns, Solicitor, Federal Maritime Commission at the time the record was filed, also entered appearances for respondent Federal Maritime Commission.

Before WILBUR K. MILLER, Senior Circuit Judge, WILKEY, Circuit Judge, and DAVIES, Judge, U. S. District Court for the District of North Dakota.

Certiorari Dismissed March 17, 1971. See 91 S.Ct. 990.

WILKEY, Circuit Judge:

This combined appeal arises from two decisions of the Federal Maritime Commission. The first invalidated the self-policing procedures of the Pacific Coast European Conference as not measuring up to the principles of fundamental fairness required by our decision in States Marine Lines, Inc. v. Federal Maritime Commission (States).1 Subsequently...

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