ALASKA BULK CARRIERS, INC. v. KREPS

Nos. 77-2080, 78-1211, 78-1212 and 78-1281.

595 F.2d 814 (1979)

ALASKA BULK CARRIERS, INC., Trinidad Corporation, Appellants, v. Juanita M. KREPS, Secretary of Commerce, U.S. Department of Commerce, et al. SHELL OIL COMPANY (a Delaware Corporation), Appellant, v. Juanita M. KREPS (Individually and as Secretary of the United States Department of Commerce Acting in her Official Capacity), et al. ALASKA BULK CARRIERS, INC., Trinidad Corporation v. Juanita M. KREPS, Secretary of Commerce, U.S. Department of Commerce, et al., Polk Tanker Corporation, et al., Appellants. SHELL OIL COMPANY (a Delaware Corporation) v. Juanita M. KREPS (Individually and as Secretary of the United States Department of Commerce Acting in her Official Capacity), et al., Seatrain Shipbuilding Corp. and Polk Tanker Corp., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 6, 1979.

Rehearing Denied March 22, 1979.

Rehearing Denied April 3, 1979.

Certiorari Granted June 18, 1979.


Attorney(s) appearing for the Case

Amy Loeserman Klein, Washington, D. C., with whom Olga Boikess and William Karas, Washington, D. C., were on the brief, for appellants in No. 77-2080.

Stephen N. Shulman, Washington, D. C., with whom Joseph A. Artabane and Mark C. Ellenberg, Washington, D. C., were on the brief, for appellant in No. 78-1211.

Michael Kimmel, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and Ronald R. Glancz, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees, Juanita M. Kreps, Secretary of Commerce, et al.

William E. McDaniels, Washington, D. C., with whom John W. Vardaman, Jr. and Jane E. Genster, Washington, D. C., were on the brief, for appellees, in No. 77-2080 and No. 78-1211 and cross-appellants in No. 78-1212 and No. 78-1281.

Also John M. Rogers, Atty., Dept. of Justice, Washington, D. C., entered an appearance for appellee, Juanita M. Kreps, Secretary of Commerce, et al.

Also Neal Michael Mayer, Washington, D. C., entered an appearance for appellee, Polk Tanker Corp., et al. in No. 77-2080.

Also Jonathan Blank, Washington, D. C., entered an appearance for appellee, Polk Tanker Corp., et al. in No. 77-2080.

Before BAZELON, McGOWAN and WILKEY, Circuit Judges.


Rehearing En Banc Denied April 3, 1979.

Rehearing En Banc Denied April 3, 1979.

Certiorari Granted June 18, 1979. See 99 S.Ct. 2880.

Opinion for the Court filed by WILKEY, Circuit Judge.

Dissenting opinion filed by BAZELON, Circuit Judge.

                        OUTLINE OF THE OPINION

                 Alaska Bulk Carriers v. Kreps, et al.

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