SEATRAIN LINES, INC. v. FEDERAL MARITIME COMMISSION

No. 71-1093.

460 F.2d 932 (1972)

SEATRAIN LINES, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Pacific Far East Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1972.


Attorney(s) appearing for the Case

Mr. Paul M. Tschirhart, Washington, D. C., with whom Mr. Marvin J. Coles, Washington, D. C., was on the brief, for petitioner.

Mr. Gordon M. Shaw, Atty., Federal Maritime Comm., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. James L. Pimper, Gen. Counsel, and Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Comm., were on the brief, for respondent Federal Maritime Comm.

Mr. Irwin A. Seibel, Atty., Dept. of Justice, for respondent United States.

Mr. Odell Kominers, Washington, D. C., with whom Mr. Stephen F. Eilperin, Washington, D. C., was on the brief, for intervenor.

Before BAZELON, Chief Judge, and MacKINNON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

Whether the Federal Maritime Commission acted in accordance with its statutory mandate in approving Agreement No. 9903, calling for the acquisition of all the assets of one carrier by water by another, is the principal issue presented for review. Whether the Commission had jurisdiction to act is necessarily the seminal question; the answer we reach here pretermits all other issues.

Our answer is not reached without difficulty. In addition...

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