Full Volume 19 - Federal Maritime Commission

218 FEDERAL MARITIME COMMISSION
that the rate duly applied was unreasonable nor does the record contain facts upon
which such a finding can be made There being no alternative the application is hereby
denied Footnote added
Moreover in East Asiatic supra it was concluded
The Examiner however did not find nor did the applicant allege that the duly
was reasonable
applicable rate was unreasonable and that the rate actually charged
Indeed the record is devoid of any facts upon which we in the final analysis could
make any such findings Therefore on the basis of the record before us we have no
alternative but to deny East Asiatic Inc s application
As the determination of a reasonable lawful rate is a prerequisite to
establishing damages which is the difference between reasonable and
unreasonable rates S and as such determination cannot be made here the
request of Matson Navigation Company to refund a portion and to waive
collection of a portion of the freight charges on the aforementioned
shipments
must be denied
WASHINGTON D C
June 30 1976
Mueller v Peralta Shipping Corp 8 F M C 361 1965
8 JOHN E COGRAVE
Administrative Law Judge
19 F M C