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MOORE-McCORMACK LINES, INC. v. UNITED STATES

Nos. 51-68, 55-68, 74-68 and 75-68.

413 F.2d 568 (1969)

MOORE-McCORMACK LINES, INC. v. The UNITED STATES. AMERICAN PRESIDENT LINES, LTD. v. The UNITED STATES. DELTA STEAMSHIP LINES, INC. v. The UNITED STATES. AMERICAN EXPORT ISBRANDTSEN LINES, INC. v. The UNITED STATES.

United States Court of Claims.

Decided July 16, 1969.

Attorney(s) appearing for the Case

Ira L. Ewers, Washington, D. C., attorney of record, for plaintiff Moore McCormack Lines, Inc., W. B. Ewers and J. R. Ewers, Washington, D. C., of counsel.

Warner W. Gardner, Washington, D. C., attorney of record, for plaintiff American President Lines, Ltd., Shea & Gardner and Kurrus & Jacobi, Washington, D. C., of counsel.

Donald Macleay, Washington, D. C., attorney of record, for plaintiff Delta Steamship Line, Inc., Macleay, Lynch, Bernhard & Gregg, Washington, D. C., and Peter A. Greene, Washington, D. C., of counsel.

Warner W. Gardner, Washington, D. C., for plaintiff American Export Isbrandtsen Lines, Inc., Richard W. Kurrus, Washington, D. C., attorney of record; Shea & Gardner and Kurrus & Jacobi, Washington, D. C., of counsel.

Edward J. Friedlander, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

DAVIS, Judge;

Four American steamship lines sue to obtain review of construction-subsidy awards by the Maritime Subsidy Board of the Maritime Administration. The claim is that the Board's action was arbitrary and capricious, unsupported by substantial evidence, and reached through procedures which violated constitutional, statutory, and contractual rights. The Government has moved to dismiss, arguing that this court is without jurisdiction to review such an award...

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