FLOTA MERCANTE GRANCOLOMBIANA, S. A., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
Philip R. Consolo, Intervenor.
Philip R. CONSOLO, Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
Flota Mercante Grancolombiana, S. A., Intervenor.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
February 7, 1967.
Petition for Rehearing Denied March 23, 1967.
Attorney(s) appearing for the Case
Messrs. Odell Kominers and J. Alton Boyer, Washington, D. C., were on the brief for Flota Mercante Grancolombiana, S. A.
Messrs. Robert N. Kharasch, William J. Lippman and Mrs. Amy Scupi, Washington, D. C., were on the brief for Philip R. Consolo.
Asst. Atty. Gen. Donald F. Turner, Messrs. Robert N. Katz, Sol., Walter H. Mayo, III, Atty., Federal Maritime Commission, and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief for respondents.
Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT, Circuit Judge.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Chief Judge:
This litigation is before us for the third time.1 The first time we upheld the Federal Maritime Commission's determination that Flota Mercante Grancolombiana (Flota) was a common carrier of bananas between Ecuador and the United States, and that, by entering into a forward booking contract for all of its banana space with another shipper, Flota had unjustly and unreasonably refused to supply space on its ships to...
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