Case law · Highest court · Federal

Consolo v. Federal Maritime Commission

Decided
March 24, 1966
Docket
63
Status
Published
Jurisdiction
Federal

Cited 2,949 timesNo negative treatment found in this library

What later courts said

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*609] Mr. Justice White delivered the opinion of the Court.

We have been asked, in this case, to determine whether the Court of Appeals had jurisdiction to set aside a reparation order of the Federal Maritime Commission which was before it upon the consolidated appeals of the shipper and the carrier, the shipper asking that the award be increased and the carrier asking that it be set aside. In addition, we have been asked to determine whether the Court of Appeals applied the proper standard of review when it set aside the reparation award. We answer the first question in the affirmative and the second in the negative. Accordingly, we reverse.

Flota Mercante Grancolombiana, S. A. (Flota) is a common carrier engaged in carrying bananas from South America to the United States. In July 1955, it entered into an exclusive two-year carrying contract with Panama Ecuador, a banana shipper, and gave Panama Ecuador an option to renew the contract for an additional three years, subject to its meeting the rate offered by any other shipper. This exclusive contract was executed after the Federal Maritime Board, in June 1953, had ruled that Flota’s competitor, Grace Line, was a common carrier of bananas and had violated the Shipping Act, 1916, §§14 Fourth [1] and 16 First, [2] by refusing [*610] to allocate its banana shipping space equitably among all qualified shippers. [3]

Statutes cited

Cite this

Consolo v. Federal Maritime Commission, 383 U.S. 607 (1966)

Read the full opinion

Free account needed

Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.