DART CONTAINERLINE CO. v. FEDERAL MARITIME COM'N

No. 82-1403.

722 F.2d 750 (1983)

DART CONTAINERLINE COMPANY LIMITED, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Sea-Land Service, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

As Amended December 2, 1983.


Attorney(s) appearing for the Case

Edwin Longcope, Washington, D.C., with whom Frederick L. Shreves, II, Washington, D.C., was on the brief, for petitioner.

David R. Miles, Atty., Federal Maritime Com'n, Washington, D.C., with whom C. Jonathan Benner, Gen. Counsel, Robert D. Bourgoin, Deputy Gen. Counsel, and C. Douglass Miller, Atty., Federal Maritime Com'n, Washington, D.C., were on the brief, for respondents. John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Paul J. McElligott, Washington, D.C., for intervenor.

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


Following Remand of the Record November 29, 1983.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

Petitioner Dart Containerline Company, Ltd. ("Dart") appeals from an order of the Federal Maritime Commission (FMC), which conditioned on certain capacity limitations its approval of Dart's proposed agreement substituting a partner in a joint venture operating as...

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