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SEA-LAND SERV., INC. v. KREPS

Nos. 76-1204 and 76-1389.

566 F.2d 763 (1977)

SEA-LAND SERVICE, INC. v. Juanita M. KREPS, Individually and as Secretary of Commerce, et al., American President Lines, Ltd., Appellant. SEA-LAND SERVICE, INC. v. Juanita M. KREPS, Individually and as Secretary of Commerce, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1977.

Rehearing Denied November 1, 1977.

Attorney(s) appearing for the Case

Warner W. Gardner, Washington, D.C., with whom Franklin D. Kramer, Washington, D.C., was on the brief, for appellant in No. 76-1204.

Michael Kimmel, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants in No. 76-1389 and appellee, Kreps in No. 76-1204. Morton Hollander, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellants in No. 76-1389.

Edward M. Shea, Washington, D.C., with whom Gary R. Edwards, Washington, D.C., was on the brief, for appellee, Sea-Land Service, Inc.

Before McGOWAN, ROBINSON and WILKEY, Circuit Judges.

Opinion for the Court filed by WILKEY, Circuit Judge.

Dissenting opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

WILKEY, Circuit Judge:

This appeal is from an order of the District Court (Robinson, J.) reversing the decision of the Maritime Subsidy Board (hereinafter the Board) to grant an amended operating differential subsidy (ODS) contract to intervenor-appellant American President Lines, Ltd...

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