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MARINE CARRIERS CORPORATION v. FOWLER

No. 839, Docket 34547.

429 F.2d 702 (1970)

MARINE CARRIERS CORPORATION, Appellee, v. Henry H. FOWLER, individually, and as Secretary of the Treasury, Lester D. Johnson, individually, and as Commissioner of Customs, Alan Stephenson Boyd, individually, and as Secretary of Department of Transportation, Willard J. Smith, individually, and as Commandant of U. S. Coast Guard, and the Bureau of Customs, Appellants.

United States Court of Appeals, Second Circuit.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Richard M. Hall, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., New York City, Patricia M. Hynes, Asst. U. S. Atty., on the brief), for appellants Fowler, and others.

Joseph Cardillo, Jr., New York City (Robert V. Corbett, John P. Cardillo, Cardillo & Corbett, New York City, on the brief), for appellee Marine Carriers Corp.

Elkan Turk, Jr., Burlingham, Underwood, Wright, White & Lord, New York City, submitted brief for amicus curiae American Trading and Production Corp.

Raymond J. Burke, Thomas A. Dillon, Burke & Parsons, New York City, Marvin J. Coles, Coles & Goertner, Washington, D. C., submitted brief for amici curiae American Tramp Steamers Association, and others.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Like all maritime nations of the world, the United States treats its coastwise shipping trade as a jealously guarded preserve. In order to participate in this trade, a vessel's credentials must be thoroughly American. The ship must have been built in an American shipyard and be owned by American citizens. Moreover, it must not have trifled with its American heritage.

Under the first proviso to section 27 of the Merchant Marine...

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