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STATES MARINE INTERNATIONAL, INC. v. PETERSON

Nos. 74-1499, 74-1502.

518 F.2d 1070 (1975)

STATES MARINE INTERNATIONAL, INC., et al., Plaintiffs, v. Peter G. PETERSON, Secretary of Commerce, et al., Defendants-Appellants, v. LINER COUNCIL, AMERICAN INSTITUTE OF MERCHANT SHIPPING, Intervenor-Appellee. AMERICAN MARITIME ASSOCIATION, Plaintiff-Appellant, v. Peter G. PETERSON, Secretary of Commerce, et al., Defendants-Appellants, v. LINER COUNCIL, AMERICAN INSTITUTE OF MERCHANT SHIPPING, Intervenor-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 5, 1975.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice, for defendants-appellants in No. 74-1499. Carla A. Hills, Asst. Atty. Gen., at the time the brief was filed, Earl J. Silbert, U. S. Atty., Leonard Schaitman and James C. Hair, Jr., Attys., Dept. of Justice, and James F. Ford, Atty., Maritime Administration, Dept. of Commerce were on the brief for defendants-appellants in No. 74-1499.

Joseph A. Klausner, Washington, D. C., for appellant in No. 74-1502.

Warner W. Gardner, Washington, D. C., with whom Robert T. Basseches and Odell Kominers, Washington, D. C., were on the brief for Liner Council American Institute of Merchant Shipping.

Robert N. Kharasch, Washington, D. C., entered an appearance for States Marine International, Inc., and others, in No. 74-1499.

Before MacKINNON and WILKEY, Circuit Judges, and JAMESON, United States Senior District Judge for the District of Montana.

Opinion for the Court filed by Senior District Judge JAMESON.

JAMESON, Senior District Judge:

This is an appeal from an order holding that, under the Merchant Marine Act of 1936, 46 U.S.C. § 1101 et seq., the Maritime Subsidy Board may not limit or reduce the award and payment of an operating differential subsidy (ODS) for the carriage of preference cargo, i. e., cargo reserved by law for carriage only on United States flag ships.

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