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COUNCIL OF NORTH ATL. SHIPPING ASS'NS v. F. M. C.

No. 78-1776.

672 F.2d 171 (1982)

COUNCIL OF NORTH ATLANTIC SHIPPING ASSOCIATIONS and New York Shipping Association, Inc., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, National Customs Brokers and Forwarders Association of America, Inc., et al., International Association of NVOCCs, and American Importers Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1982.

Attorney(s) appearing for the Case

Constantine P. Lambos, New York City, with whom Donato Caruso, New York City, and Francis A. Scanlan, Philadelphia, Pa., were on the brief, for petitioners.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D. C., with whom Sanford M. Litvack, Asst. Atty. Gen., Dept. of Justice, Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, and John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Gerald H. Ullman, New York City, for intervenors, National Customs Brokers and Forwarders Association of America, Inc., et al.

Raymond P. deMember, Washington, D. C., was on the brief for intervenor, International Association of NVOCCs.

Samuel Frankel, New York City, was on the brief for intervenor, American Importers Association, Inc.

Before WRIGHT, MacKINNON and WALD, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Opinion concurring in part and dissenting in part filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

This case marks yet another chapter in the lengthy, difficult, and bitterly contested process of technological change in the maritime industry. The development of container technology — often described as the "container revolution" — created the potential for...

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