TRAILER MARINE TRANSPORT CORP. v. FEDERAL MARITIME

No. 78-1307.

602 F.2d 379 (1979)

TRAILER MARINE TRANSPORT CORPORATION, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Sea-Land Service, Inc., Seatrain Gitmo, Inc., State of Texas, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1979.


Attorney(s) appearing for the Case

Michael Joseph, Washington, D.C., with whom John Cunningham, Washington, D.C., was on the brief, for petitioner.

Robert J. Wiggers, Atty., Dept. of Justice, Washington, D.C., with whom Robert B. Nicholson, Atty., Dept. of Justice, Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Kathleen M. Dollar, Atty., I.C.C., Washington, D.C., were on the brief, for United States of America and Interstate Commerce Commission.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D.C., with whom Edward G. Gruis, Deputy Counsel, Federal Maritime Commission, Washington, D.C., was on the brief, for respondent Federal Maritime Commission.

Donald J. Brunner, Washington, D.C., with whom John Mason, Washington, D.C., was on the brief, for intervenor Sea-Land Service, Inc.

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., J. David Hughes and Marilynn D. Poole, Asst. Atty. Gen., were on the brief, for intervenor State of Texas.

Also Neal M. Mayer and Paul D. Coleman, Washington, D.C., entered appearance for intervenor Seatrain Gitmo, Inc.

Before WRIGHT, Chief Judge, and McGOWAN and WILKEY, Circuit Judges.


Opinion for the Court filed by WILKEY, Circuit Judge.

OUTLINE OF THE OPINION

                                               Page

Introduction _______________________________    381

  I. FACTUAL AND PROCEDURAL
     BACKGROUND ____________________________    382

 II. ANALYSIS ______________________________    383

     A. Statutory Authority for Jurisdiction
        of the ICC _________________________    383

                    
                    
                    

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