97-23663. Notice of Filing of Compliant and Assignment

[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Notices]
[Page 47208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23663]


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FEDERAL MARITIME COMMISSION

[Docket No. 97-15]


Notice of Filing of Compliant and Assignment

    Orient Overseas Container Line (USA), Inc. and Orient Overseas 
Container Line v. Dollar American Exchange, Inc. Trading as Filex, 
Inc.

    Notice is given that a complaint filed by Orient Overseas Container 
Line (USA), Inc. and Orient Overseas Container Line (``Complainants'') 
against Dollar American Exchange, Inc. trading as Filex, Inc. 
(``Respondents'') was served September 2, 1997. Complainants allege 
that Respondents have violated section 10(a)(1) of the Shipping Act of 
1984, 46 U.S.C. app. Sec. 1709(a)(1), (b)(5), by failing to make 
payment on several shipments after making repeated promises to pay and 
asking Complainants to continue to accept shipments even though 
Respondents were in serious financial peril and it was unlikely that 
payment would ever be made, and abandoning containers in Manila, 
accruing unpaid demurrage.
    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 residing 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 September 
2, 1998, and the final decision of the Commission shall be issued by 
December 31, 1998.
Joseph C. Polking,
Secretary.
[FR Doc. 97-23663 Filed 9-5-97; 8:45 am]
BILLING CODE 6730-01-M