Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DOCKET NOSIS
THE CARBORUNDUM COMPANY
V
ROYAL NETHERLANDS STEAMSHIP COMPANY ANTILLES NV
Ques ion of applicabili yof Commissiods Kraft deGision to case seeking change in
description of commodity declared on bill of lading need not be determined in view
of Court of Appeals vacation of Commission decision in Kraft
Caaier tarill cule requiring rating asNOS when bili of lading description is by trade
name is not applicabie whero trade name did not appear in bill of lading Same tariff
ruecannot in any event be uxd to preclude consideration by the Commission of
tum of cargo wh en claim is filed
Burden of proof is met where rmative evidence is not refuted due to respondents
failule to answer orothecwise appear
Reparation awarded
Harrison A Harrington Manager Traffic The Carborundum Com
pany attomey William Levenstein for complainant
No response by or appearance for respondent
REPORT
January S 1977
BY THE COMMISSION K2rI E B3IfIC0 Chairman Ashton C Barrett and
James V Day Commissioners
PROCEEDINGS
This proceeding was instituted by a complaint filed by The Carborun
dum Company against Royal Netherlands Steamship Company AnUlles
N V Complainant alleges that respondent has subjected it to an ocean
freight rate which is unjust and unreasonable and in violation of section
18b3 of the Shipping Act 1916 Respondent neither answered the
complaint nor othenvise pleaded or appeared AdministrafiveIaw 7udge
Wdliam Beasley Hazris called for a heazing in the matter which was
attended only by counsel for complainant Complainant moved for
judgment on the pleadings Motion was denied Complainant
Commnsboer Bob Cascy mt pettkipazing
l9FMC
elected to
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