[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Notices]
[Page 59189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25478]


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FEDERAL MARITIME COMMISSION

[Docket No. 00-11]


New Orleans Stevedoring Co. v. Board of Commissioners, Port of 
New Orleans; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint was filed by New Orleans 
Stevedoring Company, a division of James J. Flanagan Shipping 
Corporation, (``Complainant'') against the Board of Commissioners of 
the Port of New Orleans (``Respondent''). Complainant alleges that 
Respondent violated the Shipping Act of 1984 (``Shipping Act'') by 
unreasonably refusing to deal or negotiate with Complainant and by 
giving undue and unreasonable preference and advantage to Complainant's 
competitors and by inflicting undue and unreasonable prejudice and 
disadvantage upon Complainant in connection with the use of marine 
terminal facilities in New Orleans.
    Complainant asks that the Respondent be made to answer these 
charges, and that after due hearing, an order be made commanding the 
Respondent to cease and desist from these violations; to establish and 
put in force such practices as the Commission determines to be lawful 
and reasonable; to pay Complainant by way of reparations $1,000,000 
plus such additional damages as may be proved, together with interest 
and attorney fees, or such other sum as the Commission may determine to 
be proper as reparation.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by October 1, 
2001, and the final decision of the Commission shall be issued by 
January 29, 2002.

Theodore A. Zook,
Assistant Secretary.
[FR Doc. 00-25478 Filed 10-3-00; 8:45 am]
BILLING CODE 6730-01-P