Associated-Banning Co. v. United States

(dissenting) .

I am constrained to disagree with the court’s disposition of this petition. In my view, the portion of the Federal Maritime Board’s order which approved Agreement No. 8063 is final, and hence is properly reviewable now.

The Board’s order dealt with two separate but related proceedings: (1) Agreement No. 8063 filed for approval, and the protest as to it, and (2) the complaint and the motion to dismiss it. The protest attacked Agreement No. 8063, as well as containing other allegations. The complaint did not attack Agreement No. 8063 as such, but instead alleged in substance that…