NEW YORK SHIPPING ASSOCIATION, INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
Japan Line, Ltd., Kawasaki Kisen Kaisha, Ltd., Mitsui O. S. K. Lines, Ltd., Nippon Yusen Kaisha, Yamashita-Shinnihon Steamship Co., Ltd., Korea Shipping Corporation, D/S AF 1912, A/S and Svendborg, D/S A/S (Maersk Line), Intervenors.
ZIM-AMERICAN ISRAELI SHIPPING CO., INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
New York Shipping Assoc., Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 7, 1980.
Decided July 30, 1980.
Attorney(s) appearing for the Case
Donato Caruso, New York City, with whom C. P. Lambos, New York City, was on brief, for New York Shipping Association, petitioner in No. 78-1479 and intervenor in No. 78-1871.
Allan J. Berdon, New York City, with whom Edwin Longcope and Frederick L. Shreves, II, Washington, D. C., were on brief, for Zim-American and Israeli Shipping Co., Inc., petitioner in No. 78-1871.
Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D. C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Robert B. Nicholson, Barry Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.
Charles F. Warren and George A. Quadrino, Washington, D. C., also entered appearances for intervenor, Japan Line in No. 78-1479.
Seymour H. Kligler, New York City, also entered an appearance for intervenor Korea Shipping Corporation in No. 78-1479.
Carroll E. Dubuc, Washington, D. C., also entered an appearance for intervenor D/S AF 1912, A/S and Svendborg, D/S A/S in No. 78-1479.
Before McGOWAN and ROBINSON, Circuit Judges, and OBERDORFER, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge McGOWAN.
McGOWAN, Circuit Judge:
In No. 78-1479, petitioner New York Shipping Association (the Association) seeks review of that part of an order of the Federal Maritime Commission (the Commission) which awards certain members of the Association refunds for overpayments made to the Association's employee-benefits fund. For reasons which appear below, we find that this aspect of the Commission's order was not legally...
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