TRANSAMERICAN TRAILER TRANSP., INC. v. FEDERAL MAR. COM'N

No. 553, Docket 73-1979.

494 F.2d 314 (1974)

TRANSAMERICAN TRAILER TRANSPORT, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals, Second Circuit.

Decided March 14, 1974.


Attorney(s) appearing for the Case

George F. Galland, New York City (Galland, Kharasch, Calkins & Brown, Amy Scupi, and Olga Boikess, Washington, D. C., of counsel), for petitioner.

John B. Wyss, Dept. of Justice, Washington, D. C. (James L. Pimper, Gen. Counsel, Edward G. Gruis, Deputy Gen. Counsel, and Gordon M. Shaw, F. M. C., Washington, D. C., Thomas E. Kauper, Asst. Atty. Gen., and Irwin A. Seibel, Dept. of Justice, Washington, D. C., of counsel), for respondents.

Before LUMBARD, FRIENDLY and TIMBERS, Circuit Judges.


FRIENDLY, Circuit Judge:

Although the parties have treated this petition to review as presenting portentous questions of the power of a regulatory agency over tariff filings, in fact it is a Donnybrook of microscopic triviality. The controversy stems from an order of investigation and suspension (hereafter the suspension order), see generally 46 U.S.C. § 845, issued by the Federal Maritime Commission (FMC) on March 16, 1973. The order related to tariffs...

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