TRANSAMERICAN TRAILER TRANSPORT, INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and
United States of America, Respondents, New York Shipping Association, Inc., and
Walleniusrederiena, United Fruit Company, Intervenors.
COMMONWEALTH OF PUERTO RICO, Petitioner,
v.
FEDERAL MARITIME COMMISSION and
United States of America, Respondents,
New York Shipping Association, Inc., Intervenor.
WOLFSBURGER TRANSPORT-GESELLSCHAFT, m.b.H., Petitioner
v.
FEDERAL MARITIME COMMISSION and
United States of America, Respondents Walleniusrederiena ("Wallenius Line") et al., Intervenors.
NEW YORK SHIPPING ASSOCIATION, Petitioner,
v.
FEDERAL MARITIME COMMISSION and
United States of America, Respondents,
Commonwealth of Puerto Rico et al., Intervenors.
SEATRAIN LINES, INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and
United States of America, Respondents, New York Shipping Association, Inc., Intervenor.
SEA-LAND SERVICE, INC., Petitioner,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents, New York Shipping Association, Inc., Intervenor.
DANIELS & KENNEDY, INC., and the Madden Corporation, Petitioners,
v.
FEDERAL MARITIME COMMISSION and United States of America, Respondents,
New York Shipping Association, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 3, 1973.
Decided January 28, 1974.
Rehearing Denied February 14, 1974.
Attorney(s) appearing for the Case
Ronald A. Capone, Washington, D.C., with whom Stuart S. Dye, Washington, D.C., was on the brief for petitioner in No. 24,019, also argued for petitioners in Nos. 72-1740 and 72-1763. Russell T. Weil, Washington, D.C., and John Williams entered appearances for petitioner in No. 24,019 and intervenor Transamerican Trailer Transport Inc., in Nos. 24,831 and 72-1714. Ronald A. Capone, Washington, D.C., also entered an appearance for intervenor Transamerican Trailer Transport, Inc.
Mario F. Escudero, Washington, D.C., for petitioner in No. 24,044 also entered an appearance for intervenor, The Commonwealth of Puerto Rico, in Nos. 24,831 and 72-1714.
Philip Elman, Washington, D.C., for petitioner in No. 24,831 also entered an appearance for intervenor Wolfsburger Transport-Gesellschaft, m.b.H. in No. 72-1714.
C. P. Lambos, New York City, for petitioner in No. 72-1714. Wayne S. Bishop, Washington, D.C., entered an appearance for intervenor, New York Shipping Assn., Inc., in Nos. 24-019, 24,044, 72-1740, 72-1763 and 72-1766. Richard Brook, New York City, also entered an appearance for intervenor New York Shipping Assn., Inc., in No. 24,831.
Joseph F. Kelly, Jr., New York City, for petitioners in No. 72-1766 also entered an appearance for intervenors Daniels & Kennedy and The Madden Corp. in No. 72-1714. James A. Treanor, Washington, D.C., entered an appearance for petitioner in No. 72-1766.
Carl D. Lawson, Atty., Dept. of Justice, for respondents. James L. Pimper, Gen. Counsel, Federal Maritime Commission, Edward G. Gruis, Deputy Gen. Counsel, Paul J. Fitzpatrick, Atty., Federal Maritime Commission, and Irwin A. Seibel, Atty., Dept. of Justice, were on the brief, for respondent.
Marvin J. Coles and Neal M. Mayer, Washington, D.C., were on the brief for petitioner in No. 72-1740. Neal M. Mayer, Washington, D.C., also entered an appearance for intervenor Seatrain Lines, Inc., in Nos. 24,831 and 72-1714.
Gerald A. Malia, Washington, D.C., was on the brief for petitioner in No. 72-1763.
Alan F. Wohlstetter, Washington, D.C., was on the brief for intervenor Walleniusrederiena in Nos. 24,019, 24,831 and 72-1714 and also entered an appearance for intervenor United Fruit Company in No. 24,019 and intervenor United Brands Company in No. 72-1714.
Before WRIGHT, McGOWAN and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
McGOWAN, Circuit Judge:
These consolidated petitions to review orders of the Federal Maritime Commission, 28 U.S.C. § 2342 (1966), have their origins in the modernization of shipping and loading facilities in the Port of New York. At issue here is the propriety of the Commission's approval, as modified by it, of the New York Shipping Association's assessment agreement T-2390. That agreement was designed to allocate some of the costs of a labor accord reached...
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