PUERTO RICO PORTS AUTH. v. FEDERAL MARITIME COM'N

Nos. 78-1950, 78-1969, 78-1970 and 78-1978.

642 F.2d 471 (1980)

PUERTO RICO PORTS AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Seatrain Lines of Puerto Rico, Inc., Intervenor. PUERTO RICO MARITIME SHIPPING AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Seatrain Lines of Puerto Rico, Inc., Intervenor. PUERTO RICO MARITIME SHIPPING AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Seatrain Lines of Puerto Rico, Inc., Seatrain Gitmo, Inc., Intervenors. PUERTO RICO PORTS AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Seatrain Lines of Puerto Rico, Inc., Seatrain Gitmo, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1980.

Rehearing Denied July 22, 1980.


Attorney(s) appearing for the Case

Amy Loeserman Klein, Washington, D. C., with whom Morris R. Garfinkle, Suzette Matthews, and Charles Friedlander, Washington, D. C., were on brief, for petitioner in Nos. 78-1950 and 78-1978.

John T. Schell, Washington, D. C., with whom Lewis A. Rivlin, David J. Taylor, and Lawrence White, Washington, D. C., were on brief, for petitioner in Nos. 78-1969 and 78-1970.

Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D. C., with whom C. Jonathan Benner, Atty., Federal Maritime Commission, Washington, D. C., was on brief, for respondent, Federal Maritime Commission in Nos. 78-1950, 78-1969, 78-1970 and 78-1978.

Neal M. Mayer, Washington, D. C., with whom Paul D. Coleman and David S. Healy, Washington, D. C., were on brief, for intervenor in Nos. 78-1950, 78-1969, 78-1970 and 78-1978.

Also John J. Powers, III, Robert J. Wiggers, and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America, in Nos. 78-1950, 78-1969, 78-1970 and 78-1978.

Before McGOWAN, Circuit Judge, LUMBARD, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, and MIKVA, Circuit Judge.


Opinion for the court filed by Circuit Judge McGOWAN.

Opinion dissenting filed by Senior Circuit Judge LUMBARD.

McGOWAN, Circuit Judge.

These consolidated cases arise on petition for review of two Federal Maritime Commission (FMC or Commission) decisions that resulted from a controversy surrounding two high-speed container cranes located on berths at the "Isla Grande" terminal at the port of San Juan, Puerto Rico. In FMC Docket No. 76-38 the Commission...

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