Hugo Zanelli D/B/A Hugo Zanelli & Company v. The Federal Maritime Commission

Fifth Circuit

Hugo Zanelli D/B/A Hugo Zanelli & Company v. The Federal Maritime Commission

524 F.2d 1000, 1975 U.S. App. LEXIS 11470, 1976 A.M.C. 65

Court of Appeals for the Fifth Circuit·Decided December 12, 1975·No. 75-1550·Published·Cited by 4 cases

Opinion

PER CURIAM:

We agree with the decision and order of the Federal Maritime Commission, 1 that appellant, who is licensed as an independent ocean freight forwarder, cannot hold such a license if he acts as shipper, agent for a consignee, seller, financier, or has obtained a beneficial *1001 interest in the goods shipped. See 46 U.S.C. 801, 841b; 46 C.F.R. 510.21(1); and prior decisions of the Commission cited in the ALJ’s decision. Norman G. Jensen, Inc. v. FMC, 497 F.2d 1053 (C.A.8, 1974), is not to the contrary, and indeed appellant does not contend that it is. It involved a forwarder’s relationship to ITC, an interlocking company that performed services for shippers but acquired no beneficial interest in shipments.

The decision and order of the Commission are affirmed.

1

. 14 Shipping Regulatory Reports, (Pike & Fisher) 1256, adopting the decision of the Administrative Law Judge, a résumé of which is reported at p. 835 of the same volume.

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PER CURIAM:

We agree with the decision and order of the Federal Maritime Commission, 1 that appellant, who is licensed as an independent ocean freight forwarder, cannot hold such a license if he acts as shipper, agent for a consignee, seller, financier, or has obtained a beneficial *1001 interest in the goods shipped. See 46 U.S.C. 801, 841b; 46 C.F.R. 510.21(1); and prior decisions of the Commission cited in the ALJ’s decision. Norman G. Jensen, Inc. v. FMC, 497 F.2d 1053 (C.A.8, 1974), is not to the contrary, and indeed appellant does not contend that it is. It involved a forwarder’s relationship to ITC, an interlocking company that performed services for shippers but acquired no beneficial interest in shipments.

The decision and order of the Commission are affirmed.

1

. 14 Shipping Regulatory Reports, (Pike & Fisher) 1256, adopting the decision of the Administrative Law Judge, a résumé of which is reported at p. 835 of the same volume.

Hugo Zanelli D/B/A Hugo Zanelli & Company v. The Federal Maritime Commission, 524 F.2d 1000, 1975 U.S. App. LEXIS 11470, 1976 A.M.C. 65 (5th Cir. 1975).

Pincite

524 F.2d 1000 (Hugo Zanelli D/B/A Hugo Zanelli & Company v. The Federal Maritime Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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