American Export & Isbrandtsen Lines v. Federal Maritime Commission and United States of America

Petitioners seek a review of the following order issued by the Federal Maritime Commission on July 17, 1963, in its Docket No. 1102:

Petitioners sought from this court an interlocutory injunction restraining enforcement of the Commission’s order pending final decision on the merits of the petition. This court denied the motion and petitioners suspended their Rule 29 pending outcome of this review.

The petitioners are common carriers by water and provide regular shipping sei’vice from Pacific Coast ports of the United States to ports in Europe. They are members of a steamship conference — ■ The Pacific Coast European Conference —formed by Conference Agreement [presently designated F.M.C. No. 5200] approved May 26, 1937 under Section 15 of the Shipping Act, 1916, ( 46 U.S.C. § 814 ) by a predecessor of the Commission, and thereafter amended in parts not here material.

Petitioners published from time to time a tariff setting forth all agreed rates, rules and regulations which are decided upon by a three-fourths vote of the membership of the Conference, and filed the same with the Commission under Section 15 of the Shipping Act. Its current tariff filed the Commission is Pacific…