98-3520. Gateway International, Inc. v. Eastern Mediterranean Shipping; Notice of Filing of Complaint and Assignment

[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Page 7170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3520]


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FEDERAL MARITIME COMMISSION

[Docket No. 98-02]


Gateway International, Inc. v. Eastern Mediterranean Shipping; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint filed by Gateway International, 
Inc. (``Complainant'') against Eastern Mediterranean Shipping 
(``Respondent'') was served February 6, 1998. Complainant alleges that 
Respondent is a non-vessel operating common carrier that violated 
sections 10(b)(6)(D) and 10(d)(1) of the Shipping Act of 1984, 46 
U.S.C. app. Secs. 1709(b)(6)(D) and 1709(d)(1), by accepting for 
shipment household goods and personal effects of staff members for a 
newly established non-profit hospital in Kenya, together with donated 
medical equipment for that hospital, receiving ocean transportation 
charges for the shipment, failing to deliver the shipment, and not 
responding to repeated requests by Complainant's personnel for 
information as to the location and status of the shipment.
    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 February 8, 
1999, and the final decision of the Commission shall be issued by June 
8, 1999.
Joseph C. Polking,
Secretary.
[FR Doc. 98-3520 Filed 2-11-98; 8:45 am]
BILLING CODE 6730-01-M