AMERICAN ASS'N OF CRUISE PASSENGERS v. CARNIVAL

No. 88-7229.

911 F.2d 786 (1990)

AMERICAN ASSOCIATION OF CRUISE PASSENGERS, INC., Appellee, v. CARNIVAL CRUISE LINES, INC., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1990.


Attorney(s) appearing for the Case

J. Michael Cavanaugh, with whom David C. Nolan, Stuart S. Dye, and Mary Boney Denison for Kloster Cruise Ltd., Mark E. Warren and Phillip H. Rudolph, for The Peninsular and Oriental Steam Navigation Co., et al., David L. Roll and Virginia L. White-Mahaffey for Carnival Cruise Lines, Inc., Burton A. Schwalb for Marriott Corp. d/b/a Sun Line Cruises, Sanford M. Litvack, Royal Caribbean Cruise Line, Inc., Edward Schmeltzer for CLIA, Michael Joseph for Ocean Cruise Lines, Inc., and Edward P. Henneberry for Holland America Line-Westours, Inc., were on the brief for appellants. Paul M. Honigberg for Cruise Lines Intern. Ass'n also entered an appearance, for appellants.

Paul C. Warnke, with whom John G. Calendar and Harold E. Kohn were on the brief, for appellee.

R. Frederic Fisher and Lawrence N. Minch for Transpacific Westbound Rate Agreement, Jeffrey F. Lawrence for The Asia North America Eastbound Rate Agreement and Howard A. Levy, for Gulf-European Freight Ass'n, et al., were on the brief, for Amici Curiae Transpacific West-bound Rate Agreement, et al.

Robert D. Bourgoin, Gen. Counsel, and John C. Cunningham, Atty., Federal Maritime Com'n, were on the brief for Amicus Curiae Federal Maritime Com'n, urging reversal. Robert J. Wiggers, Atty., Dept. of Justice, also entered an appearance, for FMC.

Before MIKVA, SILBERMAN, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The American Association of Cruise Passengers (AACP), which is a travel agency, brought an antitrust action against several vacation cruise lines and two trade associations, alleging an unlawful boycott agreement among them. The district court denied the defendants' motion to dismiss, which was based upon their assertions that a cruise line is a "common carrier" within...

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