Legal Opinion
Martyn Merritt v. United States of America Federal Maritime Commission
Court of Appeals for the Second Circuit
Decided March 27, 1992No. 514, Docket 91-4112PublishedCited by 20 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
This is a petition for review of an order of the Federal Maritime Commission (Commission) that, inter alia, assessed a $395,-000 fine against petitioner Martyn Merritt for violations of the Shipping Act of 1984, 46 U.S.C. app. § 1701 et seq. (Shipping Act). Merritt argues that we should vacate the fine and remand this case because the Commission failed to follow a statutory mandate to consider Merritt’s ability to pay. We agree.
We vacate that part of the Commission’s order that imposes a fine on Merritt and remand for proceedings not inconsistent with this opinion.
BACKGR…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
- American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
- Butz v. Glover Livestock Commission Co.Supreme Court of the United States · 1973
- Interstate Commerce Commission v. City of Jersey CitySupreme Court of the United States · 1944
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3Cited by20 opinions
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Jeffrey Kemezy v. James PetersCourt of Appeals for the Seventh Circuit · 1996
- In The Matter Of Lawrence B. SeidmanCourt of Appeals for the Third Circuit · 1994
- Mary Corder, Doing Business as Corder Convenience Store, Inc., Dba 7-Eleven 27472b v. United StatesCourt of Appeals for the Eighth Circuit · 1997
- Joseph S. Dazzio v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1992
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