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INTERCONEX, INC. v. FEDERAL MARITIME COM'N

No. 433, Docket 77-4115.

572 F.2d 27 (1978)

INTERCONEX, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Second Circuit.

Decided January 26, 1978.

Attorney(s) appearing for the Case

Robert L. McGeorge, Washington, D. C. (Galland, Kharasch, Calkins & Short, Washington, D. C., Austrian, Lance & Stewart, New York City, Sandra G. Behrle, Josiah K. Adams, Jr., New York City, on the brief), for petitioner.

Edward G. Gruis, Deputy Gen. Counsel (Federal Maritime Commission, Washington, D. C., Dale C. Andrews, Washington, D. C., Joseph N. Ingolia, Gen. Counsel, on the brief), for respondent Federal Maritime Commission.

Francis X. Byrn, New York City (Haight, Gardner, Poor & Havens, New York City), for intervenor Sea-Land Service, Inc.

Before LUMBARD, MOORE and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

The petitioner, Interconex, Inc., seeks review of a final order of the Federal Maritime Commission (FMC) dismissing on appeal a complaint (Docket No. 75-24) brought by Interconex against Sea-Land Service, Inc. (Sea-Land), an intervenor on this appeal. Review of the FMC decision by this court is governed by the Administrative Procedure Act, 5 U.S.C. §§ 704, 706. The procedural problems encountered here were precipitated by the filing...

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