PETCHEM, INC., d/b/a Petchem, Inc. of Connecticut, Petitioner,
v.
FEDERAL MARITIME COMMISSION and the United States of America, Respondents,
Canaveral Port Authority, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 29, 1987.
Decided August 9, 1988.
Attorney(s) appearing for the Case
Warner W. Gardner, with whom Robert T. Basseches and Timothy K. Shuba, Washington, D.C., were on the brief, for intervenors Canaveral Port Authority, et al.
J. Michael Cavanaugh, Stuart S. Dye, and David C. Nolan, for Carnival Cruise Lines, Inc.; Forest A. Hainline, III, and Timothy A. Ngau for Royal Caribbean Cruise Line, Inc.; Edward P. Henneberry for Holland America Line-Westours, Inc.; Pierre J. LaForce and Christine V. Simpson for Ocean Cruise Lines, Inc.; and Jeffrey S. Davidson for Cunard Line, Ltd. were on the brief for amici curiae Cruise Lines and Cruise Lines Intern. Ass'n, urging affirmance.
Paul C. Warnke and John G. Calendar, Washington, D.C., were on the brief for amicus curiae American Ass'n of Cruise Passengers.
C. Jonathan Benner, with whom Charles L. Coleman, III, San Francisco, Cal., and Jonathan W. Cuneo, Washington, D.C., were on the brief, for petitioner.
John C. Cunningham, Atty., Federal Maritime Com'n, with whom Robert D. Bourgoin, Gen. Counsel, Federal Maritime Com'n, Catherine G. O'Sullivan, and Robert J. Wiggers, Washington, D.C., Attys., U.S. Dept. of Justice, were on the brief, for respondents.
Before BUCKLEY and WILLIAMS, Circuit Judges, and LOUIS F. OBERDORFER, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Petchem, Inc. applied for a nonexclusive franchise to provide tugboat services for commercial vessels at Port Canaveral. At the time, Hvide Shipping, Inc. held an exclusive franchise from the Canaveral Port Authority to provide those services. The Port Authority denied Petchem's application. Petchem filed a complaint with the Federal Maritime Commission, which ultimately found that...
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