State of Alaska, Petitioner, v. Federal Maritime Commission and United States of America, Respondents, 600 F.2d 214 (9th Cir. 1979)

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US Court of Appeals for the Ninth Circuit - 600 F.2d 214 (9th Cir. 1979) June 29, 1979

Avrum M. Gross, Atty. Gen., State of Alaska Dept. of Law, Juneau, Alaska, Joseph K. Donohue, Juneau, Alaska, for petitioner.

John J. Powers, III, Dept. of Justice, Washington, D. C., Carol J. Neustadt, FMC, Washington, D. C., for respondent.

Lillick, McHose & Charles, R. Fredric Fisher, San Francisco, Cal., for intervenor.


On Petition for Review of a Decision of the Federal Maritime Commission.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.

Submission of this appeal was suspended pending the Supreme Court's decision in Southern Railway Co. v. Seaboard Allied Milling Corp., --- U.S. ----, 99 S. Ct. 2388, 60 L. Ed. 2d 1017 (U.S.1979). Although in Southern Railway the Court was interpreting § 15(8) (a) of the Interstate Commerce Act, its reasoning applies equally to the Intercoastal Shipping Act. 46 U.S.C. § 845.

Consequently, we hold that the Federal Maritime Commission's refusal to investigate the rate increase announced by Intervenor Foss Alaska Line is not subject to judicial review at this juncture.

The Petition for Review is DISMISSED.