Pacific Coast European Conference and Its Member Lines v. Federal Maritime Commission and United States of America

Petitioner seeks review of an order of the Federal Maritime Commission refusing to quash an order issued by it under section 21 of the Shipping Act, 46 U.S.C. § 820 . By order dated June 13, 1963, the Commission instituted a formal investigation entitled “Pacific Coast European Conference — Increased Handling Charges.” The case was assigned to a hearing examiner and is still pending. On October 1, 1963, the Commission entered the order here in question. Petitioner moved to quash on October 15,1963; the motion was denied on April 2, 1964.

The pertinent provisions of section 21 are set out in the margin. The order recites that it is issued pursuant to section 21, and orders production of certain documents at the Commission’s office in Washington, D. C. not later than October 15, 1963. It also recites:

Petitioner’s basic contention is that the Commission cannot use a section 21 order for the purpose of obtaining information to be used in a contested matter pending before it, in which it is asserted that the statute has been violated. Petitioner claims that the sole method whereby the Commission can obtain information for that purpose is provided in section 27 of the Act ( 46 U.S.C.…