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BOSTON SHIPPING ASS'N v. FEDERAL MARITIME COM'N

No. 82-1617.

706 F.2d 1231 (1983)

The BOSTON SHIPPING ASSOCIATION, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. New York Shipping Association, Inc., et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided May 4, 1983.

Attorney(s) appearing for the Case

Allan van Gestel, with whom Robert P. Wasson, Jr., and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for petitioner.

Gordon M. Shaw, Atty., Federal Maritime Com'n, with whom William F. Baxter, Asst. Atty. Gen., C. Jonathan Benner, Gen. Counsel, Federal Maritime Com'n, Robert D. Bourgoin, Deputy Gen. Counsel, Federal Maritime Com'n, Bryant L. VanBrakle, Atty., Federal Maritime Com'n, Robert B. Nicholson, and Robert J. Wiggers, Attys., Antitrust Div., U.S. Dept. of Justice, Washington, D.C., were on brief, for Federal Maritime Com'n.

Donato Caruso, with whom C. Peter Lambos, and Lambos, Flynn, Nyland & Giardino, New York City, were on brief, for intervenor New York Shipping Ass'n.

Ernest L. Mathews, Jr., with whom Thomas W. Gleason, New York City, was on brief, for intervenor Intern. Longshoremen's Ass'n, AFL-CIO.

Francis A. Scanlan, and Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., were on brief, for intervenor Council of North Atlantic Shipping Associations.

Before CAMPBELL and BOWNES, Circuit Judges, and PETTINE, Senior District Judge.

BOWNES, Circuit Judge.

The Boston Shipping Association (BSA) seeks reversal or remand of a Federal Maritime Commission (FMC) order adopting an administrative law judge's (ALJ) decision that Rule 10 of the Rules on Containers does not violate various provisions of the shipping laws. Rule 10, a product of collective bargaining between the International Longshoremen's Association (ILA) and various shipping employer groups, governs the collection of royalties imposed...

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