NATIONAL ASS'N OF RECYCLING INDUSTRIES v. F. M. C.

No. 79-1267.

658 F.2d 816 (1980)

NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Sea-Land Service, Inc., Pacific Westbound Conference, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 1980.


Attorney(s) appearing for the Case

Edward L. Merrigan, Chevy Chase, Md., for petitioners.

Robert J. Wiggers, Atty., Dept. of Justice, Washington, D. C., with whom John H. Shenefield, Asst. Atty. Gen., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent, United States.

John C. Cunningham, Atty., Federal Maritime Commission, Washington, D. C., with whom Brian E. Kehoe, Gen. Counsel, and Edward G. Gruis, Deputy Gen. Counsel, Washington, D. C., were on the brief, for respondent, Federal Maritime Commission.

Thomas E. Kimball, San Francisco, Cal., with whom Robert B. Yoshitomi and Richard C. Jones, San Francisco, Cal., were on the brief, for intervenor, Pacific Westbound Conference.

Edward M. Shea and Edward A. McDermott, Jr., Washington, D. C., were on the brief, for intervenor, Sea-Land Service, Inc.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D. C., entered an appearance, for respondent, Federal Maritime Commission.

Edward D. Ransom, San Francisco, Cal., entered an appearance for intervenor, Pacific Westbound Conference.

Before WILKEY and MIKVA, Circuit Judges and FLANNERY, District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge MIKVA.

WILKEY, Circuit Judge:

This is a case involving several cognate commodities, each of which is a raw material used by Far East manufacturers of paper products. The three raw materials — recyclable wastepaper, processed woodpulp, and virgin woodchips — travel westbound across the Pacific at widely...

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