Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DOCKET No 75 44
E S B INCORPORATED
v
MOORE MCCORMACK LINES INC
ADOPfION OF INITIAL DECISION
January 17 1977
This proceeding is before the Commission on exception from Complain
ant E S B Incorporated to the Initial Decision of Administrative Law
Judge William Beasley Harris in which he determined that Respondent
Moore McCormack Lines Inc had not violated section 18b 3 of the
Shipping Act 1916 by collecting freight charges in excess of those
provided in its tariff for the transportation of synthetic resin from
Philadelphia to Santos Brazil No reply to the exception was received
Complainant excepts toI the denial of its motion for judgment on the
pleading and 2 the denial ofreparation
After a careful examination of the record we concur with the Presiding
Officer s findings and ultimate conclusions and adopt his Initial Decision
subject to the discussion below
As to Complainant s first contention on exception d1e record shows
that the complaint was served on Respondent by mail on October 29
1975 The Commission s cover letter although stating that Complainant
had requested the shortened procedure provided in Rule 11 46 C F R
502 181 ofthe Commission s Rules ofPractice and Procedure the Rules
referred by error to the informal procedure under which the answer to
the complaint should be fIled In reply Respondent fIled an affidavit
received by the Commission on November 20 1975 consentina to the
informal procedure under Subpart S of the Rules 46 C F R 502 301
I
As the amount claimed exceeded 5 000 00 the Presiding Officer advised
Respondent by letter of November 21 1975 that the informal procedure
was inapplicable and that Complainant had requested the shortened
procedure This was a necessary clarification of the misunderstanding as
I
Subpart S 46 C F R 502 301 et seq of tbe Commilllon Rule of Practice and Procedure provide for an
informal proceedtna conducted by asettlement oft icer tor the udicatJon of c1alm not in excelsof 000 00
480 19 F M C