SEA-LAND SERVICE, INC. v. UNITED STATES

Nos. 81-1123, 81-1130 and 81-1206.

683 F.2d 491 (1982)

SEA-LAND SERVICE, INC., Petitioner, v. UNITED STATES of America and Federal Maritime Commission, Respondents, Japan Line, Ltd., et al., Lykes Bros. Steamship Co., Inc., United States Lines, Inc., Intervenors. AMERICAN PRESIDENT LINES, LTD., Petitioner, v. UNITED STATES of America and Federal Maritime Commission, Respondents, United States Lines, Inc., Japan Line, Ltd., et al., Lykes Bros. Steamship Co., Inc., Intervenors. UNITED STATES LINES, INC., Petitioner, v. UNITED STATES of America and Federal Maritime Commission, Respondents, Japan Line, Ltd., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 1982.


Attorney(s) appearing for the Case

I. Michael Greenberger, Washington, D. C., with whom Robert T. Basseches, Philip P. Frickey, Edward M. Shea and Paul J. McElligott, Washington, D. C., were on the brief, for American President Lines, Ltd. and Sea-Land Services, Inc., petitioners in Nos. 81-1123 and 81-1130.

Russell T. Weil, Washington, D. C., with whom James P. Moore, Washington, D. C., was on the brief, for United States Lines, Inc., petitioner in No. 81-1206 and intervenor in Nos. 81-1123 and 81-1130.

Charles F. Warren, Washington, D. C., with whom George A. Quadrino, Washington, D. C., was on the brief, for Japan Line, Ltd., et al., intervenors in Nos. 81-1123, 81-1130 and 81-1206.

Carol J. Neustadt, Atty., Federal Maritime Com'n, Washington, D. C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Com'n, Washington, D. C., was on the brief, for respondent Federal Maritime Com'n. C. Jonathan Benner, Atty., Federal Maritime Com'n, Washington, D. C., also entered an appearance for respondent, Federal Maritime Com'n. John J. Powers, III, Robert J. Wiggers and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

J. Alton Boyer and William H. Fort, Washington, D. C., entered appearances for Lykes Bros. Steamship Co., Inc., intervenor in Nos. 81-1123 and 81-1130.

Before MacKINNON and EDWARDS, Circuit Judges, and ROBB, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge ROBB.

ROBB, Senior Circuit Judge:

This is a petition to review an order of the Federal Maritime Commission approving without an evidentiary hearing the extension of certain space charter and revenue pooling agreements among six Japanese shipping lines. Petitioners are three United States-flag common carriers by water, Sea-Land Service, Inc. (Sea-Land), American President Lines, Ltd. (APL), and United States...

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