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WOLFSBURGER TRANSPORT v. FEDERAL MARITIME COM'N

No. 74-1934.

562 F.2d 827 (1977)

WOLFSBURGER TRANSPORT-GESELLSCHAFT m. b. h., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Pacific Maritime Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 25, 1977.

Rehearing Denied October 5, 1977.

Attorney(s) appearing for the Case

Cecelia H. Goetz, New York City, with whom Herbert Rubin and Alan A. D'Ambrosio, New York City, were on the brief for petitioner.

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

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

Edward D. Ransom, San Francisco, Cal., with whom R. Frederic Fisher, San Francisco, Cal., was on the brief for intervenor Pacific Maritime Association.

Before BAZELON, Chief Judge, and McGOWAN and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

The petitioner Wolfsburger Transport-Gesellschaft (WOBTRANS) challenges an order of the Federal Maritime Commission approving an Agreement adopted by the Pacific Maritime Association (PMA). The Agreement provides for an assessment on cargo entering or leaving ports on the Pacific Coast. In particular, WOBTRANS objects to the assessment on automobiles and its impact on the handling of Volkswagen...

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