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AMERICAN PRESIDENT LINES v. FEDERAL MARITIME BOARD

Civ. A. No. 2769-53.

133 F.Supp. 100 (1955)

AMERICAN PRESIDENT LINES, Limited, Plaintiff, v. FEDERAL MARITIME BOARD, Clarence G. Morse, Chairman and Maritime Administrator, Ben H. Guill, and G. Joseph Minetti, Members, Defendants.

United States District Court District of Columbia.

July 29, 1955.

Attorney(s) appearing for the Case

Warner W. Gardner and Alfred L. Scanlan, Washington, D. C., for plaintiff.

Warren E. Burger, Asst. Atty. Gen., Edward H. Hickey, Chief, General Litigation Section, Civil Division, Charles N. Gregg, Jr., Attorney, all Department of Justice, Washington, D. C., Elmer E. Metz, Acting General Counsel, and Edward R. Aptaker, Attorney, Federal Maritime Board, Washington, D. C., for defendant.

MORRIS, District Judge.

This is a proceeding in which the plaintiff American President Lines, Ltd., a subsidized shipping operator, seeks a declaratory judgment against the Federal Maritime Board and its individual members. The plaintiff asks this Court to rule that an earlier definition, as set forth in General Order 31, rather than a later definition, as set forth in General Order 71, of the statutory term "capital necessarily employed in his business", 46 U.S.C...

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