U.S. v. FEDERAL MARITIME COMMISSION

No. 79-1325.

655 F.2d 247 (1980)

UNITED STATES of America, Petitioner, v. FEDERAL MARITIME COMMISSION, Respondent, Sea-Land Service, Inc., Black Sea Shipping Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 29, 1980.


Attorney(s) appearing for the Case

Robert J. Wiggers, Atty., Dept. of Justice, Washington, D. C., with whom Sanford M. Litvack, Asst. Atty. Gen., and Barry Grossman, Atty. Dept. of Justice, Washington, D. C., were on the brief, for petitioners.

Carol J. Neustadt, Atty. Federal Maritime Commission, Washington, D. C., with whom Brien E. Kehoe, Gen. Counsel, Federal Maritime Commission and Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D. C., was on the brief, for respondent.

Francis W. Fraser, Washington, D. C., with whom Donald J. Brunner, Washington, D. C., was on the brief for intervenor, Sea-Land Service, Inc. Paul J. McElligott, Washington, D. C., also entered an appearance for intervenor, Sea-Land Service, Inc.

Stanley O. Sher, Washington, D. C., with whom John R. Attanasio, Washington, D. C., was on the brief for intervenor, Black Sea Shipping Co., et al.

Before WRIGHT, Chief Judge and WALD, Circuit Judge and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.


Opinion PER CURIAM.

Concurring opinion filed by Chief Judge MARKEY, U.S. Court of Customs and Patent Appeals.

PER CURIAM.

This case involves a dispute between the Antitrust Division of the Department of Justice ("the Department" or "Justice") and the Federal Maritime Commission ("FMC" or "Commission") over the merits of a revenue pooling arrangement. The Department petitions under the Hobbs Act1 for review of an order entered...

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