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CAPITOL TRANSP., INC. v. UNITED STATES

No. 79-1047.

612 F.2d 1312 (1979)

CAPITOL TRANSPORTATION, INC., Petitioner, v. UNITED STATES of America and Federal Maritime Commission, Respondents, Sea-Land Service, Inc., et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Daniel R. Dominguez, Hato Rey, P.R., with whom Laffitte & Dominguez, Hato Rey, P.R., and Carlos Rodriguez, Bayamon, P.R., were on brief, for petitioner.

Anne E. Mickey, Atty., Federal Maritime Commission, with whom John H. Shenefield, Asst. Atty. Gen., Barry B. Grossman, Robert J. Wiggers, Attys., Antitrust Division, Department of Justice, Brien E. Kehoe, Gen. Counsel, and Edward G. Gruis, Deputy Gen. Counsel, Washington, D.C., were on brief, for respondents.

Paul J. McElligott, Washington, D.C., with whom Ragan & Mason, Washington, D.C., was on brief, for intervenors.

Before COFFIN, Chief Judge, KUNZIG, Judge, U.S. Court of Claims, and CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Capitol Transportation, Inc. ("Capitol") petitions for review of a report and order of the Federal Maritime Commission finding it in violation of Sections 16 and 18(a) of the Shipping Act of 1916, 46 U.S.C. §§ 815 and 817(a). The Commission awarded reparation in the amount of $57,940 plus eight percent interest to Maritime Service Corporation ("MSC") for container demurrage charges owed by Capitol.1

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