PUERTO RICO MARITIME, ETC. v. FED. MARITIME COM'N

Nos. 81-2088, 81-2128.

678 F.2d 327 (1982)

PUERTO RICO MARITIME SHIPPING AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Trailer Marine Transport Corporation, Government of the United States Virgin Islands, et al., Drug and Toilet Preparation Traffic Association, Inc., Intervenors. GOVERNMENT OF the VIRGIN ISLANDS and Puerto Rico Manufacturers Association, Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Sea-Land Services, Inc., Puerto Rico Maritime Shipping Authority, Trailer Marine Transport Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1982.


Attorney(s) appearing for the Case

Amy Loeserman Klein, Washington, D. C., with whom Kathleen Mahon, Washington, D. C., was on brief, for Puerto Rico Maritime Shipping Authority, petitioner in No. 81-2088 and intervenor in No. 81-2128.

John C. Cunningham, Atty., Federal Maritime Com'n, Washington, D. C., with whom C. Jonathan Benner, Gen. Counsel, Federal Maritime Com'n, Washington, D. C., was on brief, for respondents. Edward G. Gruis, Atty., Federal Maritime Com'n, Washington, D. C., also entered an appearance for respondent, Federal Maritime Com'n. Barry Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent, the U. S.

George J. Weiner, Washington, D. C., with whom Edward J. Sheppard and Edward Aptaker, Washington, D. C., were on brief, for Government of the Virgin Islands and Puerto Rico Mfrs. Ass'n intervenors in No. 81-2088 and cross-petitioners in No. 81-2128.

Michael Joseph, Washington, D. C., for intervenor, Trailer Marine Transport Corp., in Nos. 81-2088 and 81-2128.

Daniel J. Sweeney and Steven J. Kalish, Chicago, Ill., were on brief for intervenor, Drug and Toilet Preparation Traffic Conference, Inc.

Donald J. Brunner, Washington, D. C., was on brief for intervenor, Sea-Land Service, Inc., in No. 81-2128.

Before WALD, MIKVA and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In September 1981 general rate increases were filed with the Federal Maritime Commission (FMC) by four common carriers in the Puerto Rico and Virgin Islands domestic offshore trade. Operating for the first time under new, expeditious procedures enacted by Congress in 1978, the Commission approved the rate increases of three of the carriers and reduced the proposed increase of the fourth...

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