PUERTO RICO PORTS AUTHORITY v. FED. MARITIME COM'N

No. 90-1418.

919 F.2d 799 (1990)

PUERTO RICO PORTS AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION, Respondent. Port of Ponce, Intervenor.

United States Court of Appeals, First Circuit.

Decided November 27, 1990.


Attorney(s) appearing for the Case

Eugene D. Gulland, with whom William H. Allen, William E. O'Brian, Jr. and Covington & Burling, Washington, D.C., were on brief, for petitioner, Puerto Rico Ports Authority.

Carol J. Neustadt, Atty., Federal Maritime Com'n, with whom Robert D. Bourgoin, Gen. Counsel, Washington, D.C., was on brief for respondent, Federal Maritime Com'n.

Robert J. Wiggers, Atty., Dept. of Justice, with whom James F. Rill, Asst. Atty. Gen., Judy L. Whalley, Deputy Asst. Atty. Gen., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondent, U.S.

Francis W. Fraser, with whom Ragan & Mason, Washington, D.C., was on brief, for Port of Ponce, intervenor.

Before CAMPBELL, Circuit Judge, TIMBERS, Senior Circuit Judge, and CYR, Circuit Judge.


TIMBERS, Circuit Judge:

Petitioner Puerto Rico Ports Authority (PRPA) seeks review of an order of the Federal Maritime Commission (FMC or Commission), dated April 25, 1990, holding that PRPA's collection of a port service charge at Ponce was unjust and unreasonable in violation of the Shipping Acts of 1916 (1916 Act) and 1984 (1984 Act) (collectively Shipping Acts). It ordered PRPA to cease collecting the port service charge at all ports in Puerto Rico.

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