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SAFIR v. DOLE

Nos. 81-2271, 81-2389, 81-2394, 81-2395, 81-2396 and 82-1008.

718 F.2d 475 (1983)

Marshall P. SAFIR, Appellant, v. Elizabeth Hanford DOLE, Secretary of Transportation, et al. AMERICAN EXPORT LINES, INC., et al., Appellants, v. Elizabeth Hanford DOLE, Secretary of Transportation, et al. Marshall P. SAFIR v. Elizabeth Hanford DOLE, Secretary of Transportation, et al., American President Lines, Ltd., Farrell Lines, Inc., Prudential Lines, Inc., PPS Steamship Co., Inc., Appellants. Marshall P. SAFIR v. Elizabeth Hanford DOLE, Secretary of Transportation, et al., American Export Lines, Inc., Lykes Brothers Steamship Co., Inc., Moore-McCormack Lines, Inc., United States Lines, Inc., Appellants. AMERICAN PRESIDENT LINES, LTD., et al., Appellants, v. Elizabeth Hanford DOLE, Secretary of Transportation, et al. Marshall P. SAFIR v. Elizabeth Hanford DOLE, Secretary of Transportation, et al., American Export Lines, Inc., Lykes Brothers Steamship Co., Inc., Moore-McCormack Lines, Inc., United States Lines, Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1983.

Attorney(s) appearing for the Case

T.S.L. Perlman, Washington, D.C., and Elmer C. Maddy, New York City, with whom William H. Fort, Walter H. Lion, New York City, Verne W. Vance, Jr., and William L. Gardner, Boston, Mass., were on the brief for American Export Lines, Inc., et al., appellants in 81-2389, 81-2395 and 82-1008, appellees in 81-2271 and 81-2394.

Robert T. Basseches, Washington, D.C., with whom Timothy K. Shuba, Daniel H. Margolis, Warren L. Lewis, Washington, D.C., Verne W. Vance, Jr., and William L. Gardner, Boston, Mass., were on the brief for American President Lines, Ltd., et al., appellants in 81-2394, 81-2396 and appellees in 81-2395 and 82-1008.

Marshall P. Safir, pro se, for appellant in 81-2271 and appellee in 81-2389, 81-2394, 81-2395, 81-2396 and 82-1008.

Allen van Emmerik, Bruce G. Forrest and William Kanter, Dept. of Justice, Washington, D.C., entered appearances for Elizabeth Hanford Dole, Secretary of Transp., et al., appellants in 82-1008 and appellees in 81-2271, 81-2389, 81-2394, 81-2395 and 81-2396.

Before WRIGHT and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

In these consolidated cases, appellant Marshall P. Safir, whose former shipping business (terminated in 1967) was the victim of predatory pricing by certain competing carriers, seeks to set aside an order of the Secretary of Commerce which directs the recovery under § 810 of the Merchant Marine Act of some, but not all, subsidies paid to those carriers by the United States during...

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