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PUERTO RICO MARITIME SHIPPING v. FEDERAL MARITIME

No. 95-1643.

75 F.3d 63 (1996)

PUERTO RICO MARITIME SHIPPING AUTHORITY, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Stanley Hecht, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 6, 1996.

Attorney(s) appearing for the Case

Amy Loeserman Klein, Washington, DC, with whom Jenkens & Gilchrist, was on brief, for petitioner Puerto Rico Maritime Shipping Authority.

Carol J. Neustadt, Attorney, Federal Maritime Commission, Washington, DC, with whom Robert D. Bourgoin, General Counsel, and C. Douglass Miller, Attorney, Federal Maritime Commission, and Anne K. Bingaman, Assistant Attorney General, John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, were on brief, for respondents Federal Maritime Commission and United States of America.

Rick A. Rude, Washington, DC, for intervenor Stanley Hecht.

Nathan J. Bayer, Washington, DC, with whom Torbjorn B. Sjogren and Sher & Blackwell, were on brief, for amici curiae United States Atlantic and Gulf/Southeastern Caribbean Conference, United States Atlantic and Gulf Hispaniola Steamship Freight Association, Latin American Shipping Service Association, Venezuelan American Maritime Association and the Credit Agreement.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and WATSON, Senior Judge.

LYNCH, Circuit Judge.

May the Federal Maritime Commission, in exercising its administrative lawmaking function, excuse a party from paying sums awarded against it by a final judgment entered by a U.S. District Court and affirmed on appeal? We preserve harmony between the two systems of law and respect for judgments entered by the courts by concluding, on the facts of this case, that the party was not free before the agency to seek to undo the court judgment. Accordingly...

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