Hohenberg Brothers Company v. Federal Maritime Commission and United States of America

J. SKELLY WRIGHT, Circuit Judge.

The Federal Maritime Commission ordered Hohenberg Brothers Company, an important cotton shipper, to cease attempts to obtain reduced transportation rates contrary to Section 16 of the Shipping Act of 1916. 1 Appealing from that order, 2 Hohenberg asserts (1) that there is no evidence that it acted “knowingly and willfully” in obtaining such rates, and (2) that a false claim for refund, which the carrier knows is false, is not, as found by the Commission, an “unjust or unfair device” within the meaning of the Act. We affirm the order of the Commission. 3

The…