Anglo Canadian Shipping Co., Ltd. v. United States of America and Federal Maritime Board

Respondent moved to dismiss the petition which is one filed here pursuant to Title 5 U.S.C.A. § 1034 for the purpose of reviewing an order of the Federal Maritime Board. Under § 1033 of that Title, which is part of Chapter 19(a) enacted December 29, 1950, 64 Stat. 1129 , “The venue of any proceeding under this chapter shall be in the judicial circuit wherein is the residence of the party or any of the parties filing the petition for review, or wherein such party or any of such parties has its principal office, or in the United States Court of Appeals for the District of Columbia.” The motion is based upon respondents’ assertion that the named petitioners, some 23 steamship or shipping companies, are either corporations, none of whom are incorporated in any state in this circuit, or partnerships, none of whose partners reside in this circuit.

The report of the Board, whose decision is sought to be reviewed here, discloses that the proceeding which resulted in that report was instituted by the filing of complaints by Mitsui Steamship Co., Ltd., and others, “against the member lines of the Pacific Coast European Conference * * * alleging violations of the Shipping Act, 1916”. The…