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A/S IVARANS REDERI v. U.S.

No. 90-1169.

938 F.2d 1365 (1991)

A/S IVARANS REDERI, Petitioner, v. UNITED STATES of America and Federal Maritime Commission, Respondents, American Transport Lines, Inc., United States Lines, Inc., and United States Lines (S.A.), Inc. Reorganization Trust, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1991.

Rehearing and Rehearing Denied September 25, 1991.

Attorney(s) appearing for the Case

Elmer C. Maddy, with whom Walter H. Lion was on the brief, New York City, for petitioner.

Gordon M. Shaw, Atty., Federal Maritime Com'n, for respondents. With him on the brief were James F. Rill, Asst. Atty. Gen., John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, and Robert D. Bourgoin, Gen. Counsel, Federal Maritime Com'n, Washington, D.C.

William H. Fort for American Transport Lines, Inc. for intervenors. With him on the joint brief were John A. DeVierno and John W. Angus, III, Washington, D.C. for U.S. Lines, Inc. and U.S. Lines (S.A.), Inc. Reorganization Trust.

Before EDWARDS, CLARENCE THOMAS and RANDOLPH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 25, 1991.

Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.

CLARENCE THOMAS, Circuit Judge:

We revisit in this case the Atlantic Agreement, one of the contracts that govern the shipment of goods between the United States and Brazil. In A/S Ivarans Rederi v. United States (Ivarans I), 895 F.2d 1441 (D.C.Cir.1990), we held that the Federal Maritime Commission...

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