Stockton Port District v. Federal Maritime Commission and United States of America

This is a petition to review an order of the respondent Federal Maritime Commission. Petitioner filed a complaint before the Commission naming Pacific Westbound Conference, the Pacific Straits Conference, the Pacific/Indonesian Conference, and individual members of the Conferences, as respondents. The complaint alleged that certain port equalization provisions in the tariffs of such Conferences were unlawful and void when applied against the Port of Stockton. After finding that certain of the port equalization provisions were unlawful, the Commission held that the port equalization rules and practices of these Conferences were not unlawful in the case of port equalization against the Port of Stockton on cargo loaded at San Francisco or any other port located on San Francisco Bay, and entered an order accordingly. It is this portion of the order which petitioner asks us to review and set aside.

The report, opinion and order of the Commission are entitled No. 1086 Stockton Port District v. Pacific Westbound Conference et ah, Decided September 28, 1965, and are reported in 9 F.M.C. 12, where the facts, the contentions of the parties, and the rulings of the Commission are fully set…