Matson Navigation Company, Appellant, v. John T. Connor, Secretary of Commerce, Appellee, 394 F.2d 514 (9th Cir. 1968)

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U.S. Court of Appeals for the Ninth Circuit - 394 F.2d 514 (9th Cir. 1968) May 17, 1968, Rehearing Denied June 21, 1968

John F. Meadows, Admiralty & Shipping Section, Department of Justice, San Francisco, Cal., Joseph D. Patello, San Diego, Cal., for San Diego Unified Port Dist.

Alvin J. Rockwell (argued), John E. Sparks, of Brobeck, Phleger & Harrison, Willis & Deming, San Francisco, Cal., George D. Rives, of Rives & Rodgers, Portland, Ore., for appellant.

James L. Adams (argued), Edward M. Kovach, Thomas E. Kimball, Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., for States Steamship Co.

Allen van Emmerik (argued), Morton Hollander, Attorneys, Department of Justice, Washington, D.C., Carl Eardley, Acting Asst. Atty. Gen., Washington, D.C., Cecil F. Poole, U.S. Atty., San Francisco, Cal., for Secretary of Commerce.

Before DUNIWAY and ELY, Circuit Judges, and BYRNE, Senior District judge.1 


Our examination of the record, the opinion of the Secretary, the briefs, the statutes and the applicable authorities leads us to the conclusion that the case was correctly decided by the District Court. Accordingly, and for the reasons stated by Judge Wollenberg in his opinion, Matson Nav. Co. v. Connor, D.C.N.D. Cal., 1966, 258 F. Supp. 144, the judgment appealed from is affirmed.


Honorable William M. Byrne, Senior District Judge, United States District Court, Central District, California, sitting by designation