AMERICAN MAIL LINE LTD. v. FEDERAL MARITIME COM'N

Nos. 73-1252, 73-1334, 73-1395, 73-1400, 73-1401.

503 F.2d 157 (1974)

AMERICAN MAIL LINE LTD. and American President Lines, Ltd., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondent, R. J. Reynolds Tobacco Co. et al., Intervenors. AMERICAN EXPORT LINES, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, R. J. Reynolds Tobacco Co. et al., Intervenors. WALTER KIDDE & COMPANY, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, R. J. Reynolds Tobacco Company et al., Intervenors. UNITED STATES of America, Petitioner, v. FEDERAL MARITIME COMMISSION, Respondent, R. J. Reynolds Tobacco Company et al., Intervenors. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, et al., Petitioners, v. UNITED STATES of America and Federal Maritime Commission, Respondents, R. J. Reynolds Tobacco Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1974.


Attorney(s) appearing for the Case

Warner W. Gardner, Washington, D. C., for petitioners in No. 73-1252.

James R. Withrow, Jr., and Sanford M. Litvack, New York City of the bar of the Court of Appeals of New York pro hac vice by special leave of court with whom Andrew J. Kilcarr, Edward Schmeltzer, Robert A. Peavy, Washington, D. C., and Kenneth E. Newman, New York City, were on the brief for petitioner in No. 73-1395 and intervenors Walter Kidde & Co., Inc., and U. S. Lines, Inc.

Irwin A. Seibel, Atty., Dept. of Justice, with whom George Edelstein, Washington, D. C., was on the brief, for petitioners in No. 73-1400 and respondent, United States of America.

Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, with whom James L. Pimper, Gen. Counsel and William H. Smith, Atty., Federal Maritime Commission, were on the brief, for respondent, Federal Maritime Commission.

Edward M. Shea, with whom John Mason, William F. Ragan, Paul J. McElligott and Gary R. Edwards, Washington, D. C., were on the brief for intervenors R. J. Reynolds Tobacco Co., RJI Corp. and Sea-Land Service, Inc.

Richard W. Kurrus, Washington D. C., was on the brief for petitioner in No. 73-1334.

Louis Waldman and Seymour M. Waldman, New York City, were on the brief for petitioners in No. 73-1401.

Ronald Rosenberg, Washington, D. C., and Howard Schulman entered appearances for intervenor Seafarers International Union of North America.

Abraham E. Freedman, New York City, entered an appearance for intervenor National Maritime Union of America.

Before McGOWAN and MacKINNON, Circuit Judges, and CHRISTENSEN, United States Senior District Judge for the District of Utah.


MacKINNON, Circuit Judge:

Petitioners challenge the authority of the Federal Maritime Commission (the Commission) to approve Agreement No. 9827-1 under which the world's two largest containership operators—Sea-Land Service, Inc. and United States Lines, Inc.—would become subsidiaries of the same corporate parent—R. J. Reynolds Tobacco Company. The Commission approved the acquisition agreement on condition that the subsidiaries remain independent...

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