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AERON MARINE SHIPPING CO. v. UNITED STATES

Nos. 81-2294, 81-2355 and 81-2379.

695 F.2d 567 (1982)

AERON MARINE SHIPPING COMPANY, et al., Appellants, v. UNITED STATES of America, et al. AERON MARINE SHIPPING COMPANY, et al. v. UNITED STATES of America, et al. American Maritime Association, Appellant. AERON MARINE SHIPPING COMPANY, et al. v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1982.

Attorney(s) appearing for the Case

Mark P. Schlefer, Washington, D.C., with whom Michael Joseph and Thomas L. Mills, Washington, D.C., were on the brief, for Aeron Marine Shipping Co., et al., appellants in No. 81-2294 and cross-appellees in Nos. 81-2355 and 81-2379.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and Royce C. Lamberth and John Oliver Birch, Asst. U.S. Attys., Washington, D.C., were on the brief, for United States of America, et al., appellees in Nos. 81-2294 and 81-2355, and cross-appellants in No. 81-2379.

Kenneth M. Raisler, Asst. U.S. Atty., and Michael Kimmel, Atty., Dept. of Justice, Washington, D.C., also entered appearances for United States of America, et al.

Joseph A. Klausner, Washington, D.C., with whom Allan A. Tuttle, Washington, D.C., was on the brief, for American Maritime Ass'n, appellees in Nos. 81-2294 and 81-2379, and cross-appellant in No. 81-2355.

Before ROBINSON, Chief Judge, and WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellant Aeron Marine Shipping Company ("Aeron") petitioned appellee Maritime Subsidy Board for permission to carry foreign preference cargos on seven subsidized bulk cargo ships. The Subsidy Board granted the petition for only two of the seven ships, subject to the condition that the two ships carry preference cargos at world rates plus a one-way fuel differential allowance. Aeron sought...

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