AUSTASIA INTERMODAL LINES v. FEDERAL MARITIME COM'N

No. 77-1236.

580 F.2d 642 (1978)

AUSTASIA INTERMODAL LINES, LTD. d/b/a Austasia Container Express, et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, U.S. Atlantic and Gulf/Australia-New Zealand Conference, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1978.


Attorney(s) appearing for the Case

Darrell L. Jones, Washington, D.C., for petitioners.

C. Jonathan Benner, Atty., Federal Maritime Commission, Washington, D.C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Barry Grossman, and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Also, Carl D. Lawson, Atty., Dept. of Justice, Washington, D.C., entered an appearance for respondent.

David C. Jordan, Washington, D.C., with whom Stanley O. Sher, Washington, D.C., was on the brief, for intervenor.

Before McGOWAN, TAMM and LEVENTHAL, Circuit Judges.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Petitioners seek review of the holding of the Federal Maritime Commission (Commission) that Austasia Intermodal Lines, Ltd., d/b/a Austasia Container Express (ACE), is a common carrier by water in the foreign commerce of the United States within the meaning of section 1 of the Shipping Act of 1916, as amended,1 and is therefore subject to the tariff filing...

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