THE PORT OF NEW YORK AUTHORITY AND BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS, PETITIONERS,
v.
FEDERAL MARITIME COMMISSION AND THE UNITED STATES OF AMERICA, RESPONDENTS, PACIFIC WESTBOUND CONFERENCE, PACIFIC/INDONESIAN CONFERENCE AND SIX OTHER CONFERENCES, AND PACIFIC COAST ASSOCIATION OF PORT AUTHORITIES, INTERVENORS; BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS AND THE PORT OF NEW YORK AUTHORITY, PETITIONERS, V. UNITED STATES OF AMERICA AND FEDERAL MARITIME COMMISSION, RESPONDENTS, PACIFIC COAST AUSTRALASIAN TARIFF BUREAU ET AL., INTERVENORS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Federal Maritime Commission did not abuse its discretion in refusing to summarily decide the legality of rates without evidentiary hearings.
Petitioners sought review of the FMC's refusal to summarily decide rate legality under Section 15 of the Shipping Act. The proceedings continued to a …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mootness cases and more on FLexlaw
PER CURIAM:
Because they present petitions for review brought by the same parties as to the same Federal Maritime Commission proceedings [FMC Docket 65-31], these cases are closely tied in with Port of New York Authority v. Federal Maritime Commission, 5 Cir. 1970, 429 F. 2d 663 [No. 27,722]. That case came here upon a petition to review the final Federal Maritime Commission disposition of its Docket 65-31. As pointed out in Footnote 4 thereof, the petitioners brought these two petitions seeking review of the Commission’s refusal to decide summarily and without evidentiary hearings the legality of the rates in question under Section 15 of the Shipping Act.
This Court refused to enter stays pending decision of these petitions for review and the proceedings continued before the hearing examiner and the Maritime Commission to the results reviewed and affirmed by another panel of this Court in No. 27,722, Port of New York Authority v. F.M.C., supra.
For all practical purposes, the matters sought to be reviewed by these petitions were mooted when the matter proceeded to final conclusion before the Maritime Commission. In this present posture of the matter we think it sufficient to say that we do not find that the Commission abused its discretion in refusing to dispose of the proceedings before it summarily.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Port OF NEW York Auth. & Bd. of Comm'rs of the Port of New Orleans v. Fed. Mar. Comm'n & United States, 429 F.2d 663 (5th Cir. 1970)
Authorities Cited
- The Port OF NEW York Auth. & Bd. of Comm'rs of the Port of New Orleans v. Fed. Mar. Comm'n & United States, 429 F.2d 663 (5th Cir. 1970)