DART CONTAINERLINE CO., LTD. v. F. M. C.

No. 79-1932.

639 F.2d 808 (1981)

DART CONTAINERLINE COMPANY LIMITED, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, North Carolina State Ports Authority, Delaware River Port Authority et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1981.


Attorney(s) appearing for the Case

Allan J. Berdon, New York City, for petitioner. Edwin Longcope, Washington, D. C., was on the brief for petitioner.

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

Dennis P. Myers, Asst. Atty. Gen. for the State of N. C., Raleigh, N. C., with whom Rufus L. Edmisten, Atty. Gen. for the State of N. C., Raleigh, N. C., was on the brief, for intervenor North Carolina State Ports Authority.

Martin A. Heckscher, Francis A. Scanlon and Martin J. Vigderman, Philadelphia, Pa., were on the brief for intervenors Delaware River Port Authority et al.

Warner W. Gardner and Edward M. Shea, Washington, D. C., were on the brief for amici curiae American President Lines, Ltd., et al.

Robert B. Nicholson and Robert J. Wiggers, Attys., U. S. Dept. of Justice, Washington, D. C., entered appearances for respondent U. S.

Before TAMM and MacKINNON, Circuit Judges, and JOHN H. PRATT, U. S. District Judge for the District of Columbia.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Dart Containerline Company Limited (Dart), a common carrier by water, filed a tariff with the Federal Maritime Commission (Commission) under which Dart would receive containerized unmanufactured tobacco from shippers delivering such cargo to the port of Wilmington, North Carolina. Dart would then transport the tobacco at its own expense to the port of Hampton Roads, Virginia, from which...

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