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O.N.E. SHIPPING v. FLOTA MERCANTE GRANCOLOMBIANA

No. 866, Docket 86-7988.

830 F.2d 449 (1987)

O.N.E. SHIPPING LTD., Plaintiff-Appellant, v. FLOTA MERCANTE GRANCOLOMBIANA, S.A., Andino Chemical Shipping, Inc., and Maritima Transligra, S.A., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

Evelyn Cohn, New York City (Caspar F. Ewig, Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, of counsel), for plaintiff-appellant O.N.E. Shipping.

Edward M. Spiro, New York City (Catherine L. Redlich, Kostelanetz & Ritholz, New York City, Douglas E. Rosenthal, Arthur T. Downey, Sutherland, Asbill & Brennan, Washington, D.C., of counsel), for defendant-appellee Flota Mercante Grancolombiana.

Edward Schmeltzer, Washington, D.C. (Schmeltzer, Aptaker & Sheppard, Washington, D.C., of counsel), filed brief for defendants-appellees Andino Chemical Shipping and Maritima Transligra.

Before KAUFMAN and CARDAMONE, Circuit Judges, and POLLACK, District Judge.

MILTON POLLACK, Senior District Judge:

This appeal invokes the judicially created act of state doctrine on the anti-competitive effect of a foreign sovereign's cargo reservation laws — the laws of the Republic of Colombia — which require that 50% of licensed imports of liquid bulk cargo ("LBC") be transported on Colombian owned vessels, or on vessels chartered by a Colombian company.

The district court...

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