Legal Opinion · Dissent

American Importers Association v. Civil Aeronautics Board

Court of Appeals for the D.C. Circuit

Decided November 29, 1972No. 24849Published

1DissentMacKINNON, Circuit Judge

The necessity and desirability of cargo carriers having uniform demurrage (detention) rules is so well established and recognized in our jurisprudence as being in the public interest that it is my view no substantial antitrust issue is present. The one-day detention rule for domestic shipments and the rate to be charged are not challenged. Thus, the only question here is whether one extra day to allow for customs clearance of imported goods is sufficient and reasonable. To suggest that the allowable variants of the decision on this question trespass into the antitrust area sufficient to…

2Cases cited3 opinions

  1. Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
  2. Pennsylvania Railroad v. Kittanning Iron & Steel Manufacturing Co.Supreme Court of the United States · 1920
  3. American Export-Isbrandtsen Lines, Inc. v. Federal Maritime CommissionCourt of Appeals for the D.C. Circuit · 1970

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