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AMERICAN ASS'N OF CRUISE PASSENGERS v. CUNARD LINE, LTD.

No. 92-7168.

31 F.3d 1184 (1994)

AMERICAN ASSOCIATION OF CRUISE PASSENGERS, Appellant, v. CUNARD LINE, LTD.; Carnival Cruise Lines, Inc.; Princess Cruises Company, also Known as Princess Cruises; P & O, Inc., also Known as Princess Cruises; Paquet Cruises, Inc.; Ocean Cruise Line, Inc.; Sitmar Cruises, Inc.; Marriott Corporation, also Known as Sun Line Cruises; Royal Caribbean Cruise Line, Inc.; Regency Cruises, Inc.; Cruise Lines International Association; American Society of Travel Agents, Inc., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 1994.

As Amended November 3, 1994.

Attorney(s) appearing for the Case

Stephen L. Snyder, Baltimore, MD, argued the cause, for appellant. With him on the brief were Sheldon N. Jacobs and Amy B. Chappell, Baltimore, MD.

J. Michael Cavanaugh, Washington, DC, argued the cause for appellees. With him on the brief were Dewey Ballantine, Saul P. Morgenstern, Jill D. Bicks, New York City, Burton A. Schwald, Edward Schmeltzer, Phillip H. Rudolph, and David L. Roll, Washington, DC. Arnold B. Calmann, Newark, NJ, Mark E. Warren, Mary B. Denison, and Deana F. Dudley, Washington, DC, entered appearances.

Before GINSBURG and RANDOLPH, Circuit Judges, and WILL, Senior District Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The American Association of Cruise Passengers appeals from the district court's order dismissing without prejudice its antitrust suit against the defendant cruise lines on the ground that the claims within the jurisdiction of the Federal Maritime Commission predominate over the claims within the court's Clayton Act jurisdiction. Because predominance is not the relevant standard...

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