AKTIEBOLAGET SVENSKA AMERIKA LINIEN v. F. M. C.

No. 20458.

372 F.2d 932 (1967)

AKTIEBOLAGET SVENSKA AMERIKA LINIEN (SWEDISH AMERICAN LINE) et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, American Society of Travel Agents, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 19, 1967.


Attorney(s) appearing for the Case

Mr. Edward R. Neaher, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Warren E. Baker, Washington, D. C., was on the brief, for petitioners. Mr. Lloyd D. Young, Washington, D. C., also entered an appearance for petitioners.

Mr. Milton J. Grossman, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Donald F. Turner, James L. Pimper, Gen. Counsel, 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.

Mr. Robert J. Sisk, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Glen A. Wilkinson, Washington, D. C., was on the brief, for intervenor. Mr. Jerry C. Straus, Washington, D. C., also entered an appearance for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and TAMM, Circuit Judges.


TAMM, Circuit Judge:

In a previous decision in this case,1 we remanded to the Federal Maritime Commission because of our determination that the Commission's decision lacked adequate findings to establish and support the Commission's conclusions. We called upon the Commission in that decision to give further consideration to the two controverted issues in the case, id est, the legality of the so-called "unanimity

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