CARGILL, INC. v. FEDERAL MARITIME COM'N

Nos. 75-1018 and 75-1108.

530 F.2d 1062 (1976)

CARGILL, INC., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Baton Rouge Marine Contractors, Inc., Intervenor. BATON ROUGE MARINE CONTRACTORS, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Cargill, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1976.


Attorney(s) appearing for the Case

Edward J. Sheppard, Washington, D.C., with whom Edward Schmeltzer and Cecelia E. Wirtz, Washington, D.C., were on the brief for petitioner in No. 75-1018 and intervenor in No. 75-1108.

Edward S. Bagley, Covington, La., for petitioner in No. 75-1108 and intervenor in 75-1018.

Gordon M. Shaw, Atty., Federal Maritime Commission, with whom James L. Pimper, Gen. Counsel and Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D.C., were on the brief for respondent Federal Maritime Commission.

Robert J. Wiggers, Atty., Dept. of Justice, with whom Howard E. Shapiro, Atty., Dept. of Justice, Washington, D.C., was on the brief for respondent, United States of America. Carl D. Lawson, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent, United States of America.

Before LEVENTHAL, Circuit Judge, LUMBARD, Senior Circuit Judge for the Second Circuit and WILKEY, Circuit Judge.


LEVENTHAL, Circuit Judge:

This appeal involves two petitions for review, under 28 U.S.C. § 2342,1 of the report and order of the Federal Maritime Commission in Docket No. 71-29, issued January 7, 1975, which held that the terminal operator for the Port of Baton Rouge could institute charges against stevedores for the use of terminal facilities and services but that its 8-cents per ton service and facility charge was unlawful under...

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