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PLAQUEMINES PORT v. FEDERAL MARITIME COM'N

Nos. 86-1517, 86-1622.

838 F.2d 536 (1988)

PLAQUEMINES PORT, HARBOR AND TERMINAL DISTRICT, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, New Orleans Steamship Association, Intervenors. NEW ORLEANS STEAMSHIP ASSOCIATION, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, Association of Ship Brokers and Agents, Inc., Plaquemines Port, Harbor and Terminal District, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Edward S. Bagley, for petitioner in No. 86-1622 and intervenor in No. 86-1517, New Orleans Steamship Assn.

Edward J. Sheppard, for petitioner in No. 86-1517 and intervenor in No. 86-1622, Plaquemines Port, Harbor and Terminal Dist.

Robert J. Wiggers, Atty., Dept. of Justice, with whom John P. Powers III, Atty., Dept. of Justice, was on brief, for respondent, U.S. Kenneth G. Starling, Atty., Dept. of Justice, also entered an appearance for respondent, U.S.

John M. Binetti, Atty., Federal Maritime Com'n, with whom Robert D. Bourgoin, Gen. Counsel, Federal Maritime Com'n, was on brief, for respondent, Federal Maritime Com'n.

J. Alton Boyd, for intervenor Association of Ship Brokers and Agents (U.S.A.), Inc., in No. 86-1622.

Before WALD, Chief Judge, BORK, Circuit Judge, and GIBSON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

I.

These consolidated cases arise from petitions for review of a Federal Maritime Commission ("FMC") order. The FMC ruled that, under the Shipping Act of 1984 ("1984 Act"), it had jurisdiction over Plaquemines Port, Harbor and Terminal District ("Port") and therefore had the authority to review the tariff imposed by the Port. The FMC found the tariff lawful in most respects but...

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