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NEPERA CHEMICAL, INC. v. FEDERAL MARITIME COM'N

No. 79-2186.

662 F.2d 18 (1981)

NEPERA CHEMICAL, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1981.

Attorney(s) appearing for the Case

Martin Sterenbuch, Washington, D. C., for petitioner.

Clare R. Donelan, Atty., Federal Maritime Commission, Washington, D. C., for respondent. Edward G. Gruis and Bruce Love, Attys., Federal Maritime Commission, Washington, D. C., were on the brief for respondents.

John J. Powers, III, Robert J. Wiggers and Stanford M. Litvack, Washington, D. C., also entered appearances for respondent United States.

Before ROBB and WILKEY, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This case concerns the application by a carrier, Sea-Land Service, Inc., for waiver of a total of $42,569.90 in freight charges for the benefit of a shipper, Nepera Chemical, Inc.1 The Federal Maritime Commission denied the application. FMC Special Docket No. 606 (1979). We reverse.

During 1977 Nepera contracted to have Sea-Land transport five...

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