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NORTH CAROLINA STATE PORTS v. DART CONTAINERLINE

No. 78-1278.

592 F.2d 749 (1979)

NORTH CAROLINA STATE PORTS AUTHORITY, International Longshoremen's Association, AFL-CIO, Local 1426, International Longshoremen's Association, AFL-CIO, Local 1426-A, Warehousemen, Appellees, v. DART CONTAINERLINE COMPANY LIMITED, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 15, 1979.

Attorney(s) appearing for the Case

Allan J. Berdon, New York City (Edwin Longcope, New York City, Rountree & Newton, Wilmington, N. C., Hill, Betts & Nash, New York City, on brief), for appellant.

George J. Oliver, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N. C., on brief), for appellee.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.

WINTER, Circuit Judge:

Pending a resolution of a tariff controversy before the Federal Maritime Commission, the district court preliminarily enjoined Dart Containerline Company Limited (Dart), a common carrier by water, from putting into effect the substitute service provisions of its Freight Tariff No. 1 FMC 28 pursuant to which it offered port-to-port carriage of unmanufactured tobacco from Wilmington, North Carolina, to...

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