SEA-LAND SERVICE, INC., Petitioner,
v.
DEPARTMENT OF TRANSPORTATION, et al., Respondents.
SEA-LAND SERVICE, INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
American President Lines, Ltd., Intervenor
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 12, 1997.
Decided March 13, 1998
Attorney(s) appearing for the Case
John M. Nannes, Washington, DC, argued the cause for petitioner. With him on the briefs were Richard L. Brusca, Robert S. Zuckerman, James P. Moore and Gary A. MacDonald.
Steve Frank, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for respondent, Department of Navy, Military Sealift Command. With him on the briefs were Frank W. Hunger, Assistant Attorney General, Robert V. Zener, and Barbara C. Biddle.
Carol J. Neustadt, Attorney, Federal Maritime Commission, Washington, DC, argued the cause and filed the brief for respondent, Federal Maritime Commission.
Robert T. Basseches and John Townsend Rich, Washington, DC, were on the briefs for amicus curiae American President Lines, Ltd.
Before: WILLIAMS and ROGERS, Circuit Judges and BUCKLEY, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
STEPHEN F. WILLIAMS, Circuit Judge:
In 1993 the United States Maritime Administration ("MarAd") issued two orders (the "modification orders") deleting from several of its own previous orders a clause that it had become convinced was legally invalid. In No. 93-1846 Sea-Land Service, Inc. ("Sea-Land") appealed from the modification orders. In the course of that appeal it became apparent to the court that its resolution turned...
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