[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Notices]
[Page 34970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14804]


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FEDERAL MARITIME COMMISSION

[Docket No. 03-05]


Monarch Shipping Agency, LLC, Monarch Shipping Lines, Inc., and 
American Lines, LLC v. Logistec Connecticut, Inc., Logistec USA, Inc., 
Coastline Terminals of Connecticut, Inc., and American Stevedoring, 
Inc.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Monarch Shipping Agency, LLC, 
Monarch Shipping Lines, Inc., and American Lines, LLC 
(``Complainants'') against Logistec Connecticut, Inc., Logistec USA, 
Inc., Coastline Terminals of Connecticut, Inc., and American 
Stevedoring, Inc. (``Respondents''). Complainants contend that 
Respondents violated sections 10(b)(9), 10(b)(10), 10(d)(1), 10(d)(2), 
10(d)(3) and 13(c) of the Shipping Act by engaging in certain 
activities. Specifically, Complainants allege that Respondents violated 
the Shipping Act by cancelling a contract and locking Complainants and 
its customers out of Respondents' terminal facilities; by failing to 
establish and observe reasonable regulations relating to the receipt, 
handling and storage of property by providing inadequate security which 
resulted in loss and damage to vehicles and equipment; by an 
arrangement that resulted in an unlawful boycott and unreasonable 
discrimination in the provision of terminal services due to 
Complainants being locked out of certain facilities in Brooklyn, New 
York; and by failing to deal or negotiate with Complainants to resolve 
their disputes. Complainants seek various orders prohibiting 
Respondents from violating the Shipping Act and reparations in the 
amount of $10,000,000 plus interest, attorney fees and such further 
order or orders as the Commission determines to be proper.
    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 June 8, 
2004, and the final decision of the Commission shall be issued by 
October 6, 2004.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-14804 Filed 6-10-03; 8:45 am]
BILLING CODE 6730-01-P