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SODERBACK v. SILER

No. 77-3118.

610 F.2d 643 (1979)

Wesley C. SODERBACK, Plaintiff-Appellant, v. Admiral Owen W. SILER, Commandant of the United States Coast Guard, Rear Admiral C. A. Richmond, District Commander, Thirteenth Coast Guard District, Captain J. R. Meeker, officer in charge of Marine Inspection for the Port of Seattle, Captain John M. Duke, Commanding Officer Marine Safety Office, Port of Portland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 14, 1980.

Attorney(s) appearing for the Case

Janice M. Stewart, Hardy, McEwen, Weiss, Newman & Faust, Portland, Or., argued for plaintiff-appellant; John R. Faust, Jr., Hardy, McEwen, Weiss, Newman & Faust, Portland, Or., on brief.

Robert Frame, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before COWEN, Senior Judge, KILKENNY and HUG, Circuit Judges.

COWEN, Senior Judge:

The appellant, Soderback, is a seaman, holding a merchant mariner's document issued by the United States Coast Guard. He brought this action in the district court pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 701-706, to obtain judicial review of the Coat Guard's denial of his applications for two different merchant mariner officer licenses. Cross-motions for summary judgment were filed, and this appeal followed the district...

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