SHIP'S OVERSEAS SERVICE v. FED. MARITIME COM'N

No. 80-2421.

670 F.2d 304 (1981)

SHIP'S OVERSEAS SERVICE, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Michael A. McManus, Jr., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 1981.


Attorney(s) appearing for the Case

Frederick L. Shreves, II, Washington, D. C., with whom Edwin Longcope, Washington, D. C., and Allan J. Berdon, New York City, were on the brief, for petitioner.

James P. O'Sullivan, Atty., Federal Maritime Commission, Washington, D. C., with whom C. Jonathan Benner, Gen. Counsel and Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D. C., were on the brief, for respondent, Federal Maritime Commission. Carol J. Neustadt, Atty., Federal Maritime Commission, Washington, D. C., also entered an appearance for respondent, Federal Maritime Commission.

Robert B. Nicholson and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

Michael A. McManus, Jr., entered an appearance for intervenor, pro se.

Before MacKINNON and GINSBURG, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case presents the question whether the Federal Maritime Commission (FMC) correctly determined, on the basis of conduct demonstrated to have occurred on a single occasion, that petitioner Ship's Overseas Services, Inc. (SOS) operated as a "common carrier by water in foreign commerce" within the meaning of section 1 of the Shipping Act of 1916, 46 U.S.C. § 801,

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