98-32026. Trek Bicycle Corporation v. Classic Cargo International, Inc.; Notice of Filing of Complaint and Assignment

[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32026]


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FEDERAL MARITIME COMMISSION

[Docket No. 98-22]


Trek Bicycle Corporation v. Classic Cargo International, Inc.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint filed by Trek Bicycle Corporation 
(``Complainant'') against Classic Cargo International, Inc. 
(``Respondent'') was served November 25, 1998. Complainant alleges that 
Respondent violated sections 10(a)(1), (b)(16)(A) and (d)(1) of the 
Shipping Act of 1984, 46 U.S.C. app. 1709(a)(1), (b)(16)(A) and (d)(1), 
by falsely representing transit time and by offering, soliciting, and 
routing complainant's property without consent of the shipper or 
consignee, thereby requiring replacement property to be air freighted.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by November 
26, 1999, and the final decision of the Commission shall be issued by 
March 27, 2000.
Joseph C. Polking,
Secretary.
[FR Doc. 98-32026 Filed 12-1-98; 8:45 am]
BILLING CODE 6730-01-M