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INDIANA PORT COM'N v. FEDERAL MARITIME COM'N

No. 74-1477.

521 F.2d 281 (1975)

INDIANA PORT COMMISSION, Petitioner, v. FEDERAL MARITIME COMMISSION, Respondent, Bethlehem Steel Corporation, Waterways Freight Bureau, and Lake Carriers Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 16, 1975.

Attorney(s) appearing for the Case

Timothy J. May, Washington, D. C., with whom Richard A. Earle, Washington, D. C., was on the brief for petitioner.

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

Paul V. Miller, Bethlehem, Pa., with whom Max O. Truitt, Jr., and Douglas G. Thompson, Jr., Washington, D. C., were on the brief for intervenor Bethlehem Steel Corp. Timothy B. Dyk, Washington, D. C., also entered an appearance for intervenor Bethlehem Steel Corp.

Gordon P. MacDougall, Washington, D. C., was on the brief for intervenor Waterways Freight Bureau.

Scott H. Elder, Cleveland, Ohio, was on the brief for intervenor Lake Carriers Assn.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge WILKEY.

Circuit Judge TAMM concurs in result.

WILKEY, Circuit Judge:

In this petition for review of an order of the Federal Maritime Commission (FMC), we are asked to consider the lawfulness of a charge levied by the Indiana Port Commission, a public body, at Burns Waterway Harbor, Portage, Indiana. The charge in question is levied against all commercial vessels engaged in import, export, and/or lake traffic...

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