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WARNER v. DUNLAP

No. 75-1342.

532 F.2d 767 (1976)

Kenneth H. WARNER et al., Plaintiffs, Appellants, v. Vernon D. DUNLAP, Chairman and Member of the Rhode Island State Pilotage Commission, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 29, 1976.

Attorney(s) appearing for the Case

Martin Malinou, Providence, R. I., for plaintiffs-appellants.

Ronald A. Dwight, Sp. Asst. Atty. Gen. (Julius C. Michaelson, Atty. Gen., on brief), Providence, R. I., for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

This case presents a single question: whether a Rhode Island statute1 which requires every foreign vessel and every American vessel under register for foreign trade that traverses Block Island Sound to take on a pilot licensed by the Rhode Island Pilotage Commission is within the scope of 46 U.S.C. § 211 (1970). The latter statute authorizes states to regulate the use of pilots "in the bays, inlets, rivers...

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