98-19262. Panalpina Inc. v. Eastern Mediterranean Shipping Corp., Notice of Filing of Complaint and Assignment

[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Page 38835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19262]



[[Page 38835]]

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FEDERAL MARITIME COMMISSION

[Docket No. 98-12]


Panalpina Inc. v. Eastern Mediterranean Shipping Corp., Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint filed by Panalpina Inc. 
(``Complainant'') against Eastern Mediterranean Shipping Corp. 
(``Respondent'') was served July 15, 1998. Complainant alleges that 
Respondent has 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 (d)(1), by 
accepting two shipments for through movement, but failing to provide 
information as to the status and location of the shipments, failing to 
provide for the transhipment of the containers, failing to deliver the 
shipments to the designated consignees, retaining prepaid ocean freight 
charges received for the through movement of the shipments, and causing 
Complainant to incur additional storage, demurrage and ocean freight 
charges.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter if any is held, shall commence 
within the tine 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 July 15, 
1999, and the final decision of the Commission shall be issued by 
November 12, 1999.
Joseph C. Polking,
Secretary.
[FR Doc. 98-19262 Filed 7-17-98; 8:45 am]
BILLING CODE 6730-01-M