REFRIGERATED EXP. LINES v. FEDERAL MARITIME COM'N

No. 80-1436.

659 F.2d 1166 (1981)

REFRIGERATED EXPRESS LINES (A/ASIA) PTY., LTD., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Hamburg-Sudamerikanische Dampfschiffahrts-Gesellschaft, Eggert & Amsinck, Farrell Lines Incorporated, Associated Container Transportation, Ltd., et al., Australian Meat and Live-Stock Corp., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1981.


Attorney(s) appearing for the Case

Joseph A. Klausner, Washington, D. C., for petitioner.

Carol J. Neustadt, Atty., Washington, D. C., Federal Maritime Commission, with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D. C., was on the brief for respondents. Robert J. Wiggers and Barry Grossman, Attorneys, Dept. of Justice, Washington, D. C., also entered appearances for respondents.

Bryan Jay Yoles, Washington, D. C., with whom James T. Stovall, III, Washington, D. C., was on the brief for intervenor, Australian Meat and Live-Stock Corp.

Edward Aptaker, Washington, D. C., with whom George J. Weiner, Washington, D. C., was on the brief for intervenor, Farrell Lines Inc.

Elkin Turk, Jr., New York City, with whom John R. Mahoney, New York City, was on the brief for intervenors, Associated Container Transportation, Ltd., et al.

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


Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

Refrigerated Express Lines (REL) seeks review of an order of the Federal Maritime Commission (FMC) denying REL's petition for issuance of rules or regulations under Section 19(1)(b) of the Merchant Marine Act, 1920 (46 U.S.C. § 876). We dismiss the petition for lack of jurisdiction.

BACKGROUND

REL, an Australian corporation, has since 1969, under various non-United...

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