COMMONWEALTH OF PUERTO RICO v. FEDERAL MARITIME COM'N

No. 24741.

468 F.2d 872 (1972)

The COMMONWEALTH OF PUERTO RICO, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Transconex, Inc., and Consolidated Express, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

September 29, 1972.


Attorney(s) appearing for the Case

Mr. Edward Schmeltzer, Washington, D.C., with whom Messrs. Mario F. Escudero and Burton L. Raimi, Washington, D.C., were on the brief, for petitioner.

Mr. Gordon M. Shaw, Atty., Federal Maritime Comm., of the bar of the Supreme Court of Ill., pro hac vice, by special leave of Court, with whom Messrs. James L. Pimper, Gen. Counsel, Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Comm., and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief, for respondents. Mr. Paul J. Fitzpatrick, Atty., Federal Maritime Comm., 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 intervenors.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.


LEVENTHAL, Circuit Judge:

The Commonwealth of Puerto Rico (Puerto Rico) petitions to review an order of the Federal Maritime Commission (FMC) issued pursuant to the Shipping Act of 1916, 46 U.S.C. § 801 et seq., and the Intercoastal Shipping Act of 1933, as amended, 46 U.S.C. § 843 et seq., discontinuing an investigation and hearing into the lawfulness of certain proposed rate increases filed by Transconex, Inc. and Consolidated Express, Inc. The investigation...

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