In March 1961, the Board ordered Flota to pay Consolo certain reparations for the violation of the Shipping Act. This appeal was stayed, pending determination of the reparations proceeding. § 1032(c) (1964 ed.)), Flota petitioned the Court of Appeals for the District of Columbia Circuit to set aside this order.
5 Pursuant to § 2(c) of the Administrative Orders Review Act ( 64 Stat. These proceedings were consolidated and, in June, 1959, the Board ruled that Flota's three-year exclusive contract with Panama Ecuador violated the Shipping Act, §§ 14 Fourth and 16 First, and it ordered Flota to allocate its space fairly among all qualified banana shippers. Consolo followed with a complaint before the Board asking for damages. Flota rejected the demand and itself filed a petition before the Board for declaratory relief exonerating it from liability to Consolo. Shortly thereafter Consolo demanded a 'fair and reasonable' amount of the carrying space pursuant to the previous Grace Line decisions of the Board and threatened to file a complaint if its demand were rejected. 4 One month after this ruling Flota rejected a bid by Consolo, a banana shipper competing with Panama Ecuador, for the entire shipping space and honored the option given Panama Ecuador by executing to it a three-year exclusive carrying contract. 3 In April 1957, the Board reiterated its view that Grace Line had violated the Shipping Act by signing exclusive carrying contracts and it ordered Grace Line to offer to all qualified shippers, upon a fair basis, shipping space on forward-booking contracts not to exceed two years in length. This exclusive contract was executed after the Federal Maritime Board, in June 1953, had ruled that Flota's competitor, Grace Line, was a common carrier of bananas and had violated the Shipping Act, 1916, §§ 14 Fourth 1 and 16 First, 2 by refusing to allocate its banana shipping space equitable among all qualified shippers.
In July 1955, it entered into an exclusive two-year carrying contract with Panama Ecuador, a banana shipper, and gave Penama Ecuador an option to renew the contract for an additional three years, subject to its meeting the rate offered by any other shipper. (Flota) is a common carrier engaged in carrying bananas from South America to the United States.
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