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ROCO WORLDWIDE, INC. v. CONSTELLATION NAV.

No. 80-1781.

660 F.2d 992 (1981)

ROCO WORLDWIDE, INC., Appellant, v. CONSTELLATION NAVIGATION; Foster-Wheeler Corporation; National Steel Products Company; Medical Coaches, Inc., Appellees, v. SALES COORDINATORS LIMITED, Third-Party Defendant. Federal Maritime Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1981.

Rehearing and Rehearing Denied November 18, 1981.

Attorney(s) appearing for the Case

George W. Liebmann, Baltimore, Md. (Stephen L. Snyder, Baltimore, Md., on brief), for appellant.

F. Thomas Rafferty, Baltimore, Md. (Donald E. Sharpe, Piper & Marbury, Baltimore, Md., William H. Morstein, Towson, Md., David W. Skeen, Stephen F. Fruin, Baltimore, Md., on brief), for appellees.

Brien E. Kehoe, Gen. Counsel, Washington, D. C., Clare R. Donelan, on brief, as amicus curiae.

Before HAYNSWORTH, Senior Circuit Judge, WIDENER and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 18, 1981.

HAYNSWORTH, Senior Circuit Judge:

These are actions by an ocean carrier against four of its customers for the difference between negotiated rates actually charged and the carrier's unamended tariff when the carrier expected to amend the tariff to conform to the negotiated rates but inadvertently neglected to do so within the 180-day period permitted by the statute. The district court dismissed the actions...

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