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UNITED STATES v. BLUE SEA LINE

No. 76-1565.

553 F.2d 445 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. BLUE SEA LINE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 6, 1977.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Paul G. Gorman, Jr., Atty., Dept. of Justice, Crim. Div., Philip Wilens, Acting Chief, Gov. Reg. & Labor Sect., Crim. Div., Washington, D. C., for plaintiff-appellant.

Michael S. Tarre, Pearson & Josefsberg, P. A., Miami, Fla., George F. Galland, Washington, D. C., for defendants-appellees.

Before GOLDBERG, SIMPSON and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

The Government appeals from the dismissal of an October 1975 indictment charging that appellee common carriers had paid rebates in violation of 46 U.S.C. § 815, second. In 1972, subsequent to the alleged violations but over three years prior to the return of this indictment, Congress repealed the criminal penalties for violations of this and other provisions of the Shipping Act of 1916, 46 U.S.C. §§ 801 et seq. Civil...

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