AMERICAN MARITIME ASS'N v. UNITED STATES

Nos. 84-5381, 84-5502 and 84-5503.

766 F.2d 545 (1985)

AMERICAN MARITIME ASSOCIATION, et al. v. UNITED STATES of America, et al. Aeron Marine Shipping Company, et al., Appellants. AMERICAN MARITIME ASSOCIATION Phoenix Bulkship I, Inc., et al., Appellants, v. UNITED STATES of America, et al. AMERICAN MARITIME ASSOCIATION, Appellant, Phoenix Bulkship I, Inc., et al., v. UNITED STATES of America, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1985.


Attorney(s) appearing for the Case

Michael Joseph, Washington, D.C., with whom Mark P. Schlefer, Thomas L. Mills and Timothy Trushel, Washington, D.C., were on the brief, for Aeron Marine Shipping Co., et al., appellants in No. 84-5381 and appellees in Nos. 84-5502 and 84-5503.

Joseph A. Klausner, Washington, D.C., with whom Allan A. Tuttle and Ralph G. Steinhardt, III, Washington, D.C., were on the brief, for American Maritime Ass'n, appellee in Nos. 84-5381 and 84-5502 and appellant in No. 84-5503. Michael D. Esch, Washington, D.C., entered an appearance for American Maritime Ass'n in Nos. 84-5381, 84-5502 and 84-5503.

Anne E. Mickey, Washington, D.C., with whom Jeffrey R. Masi, Washington, D.C., was on the brief, for Phoenix Bulkship I, Inc., et al., appellees in Nos. 84-5381 and 84-5503 and appellants in No. 84-5502.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Asst. U.S. Atty., and James F. Ford, Counsel, Dept. of Justice, Washington, D.C., were on the brief, for the United States of America, et al., appellees in Nos. 84-5381, 84-5502 and 84-5503.

Before WALD, EDWARDS and BORK, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The various appeals and cross-appeals in these consolidated cases constitute the latest round in the efforts of the Maritime Subsidy Board (the Board) and the Maritime Administration (MarAd) of the Department of Transportation to implement Congress' 1970 amendments to the Merchant Marine Act, 46 U.S.C. §§ 1101-1295g (the Act). Those amendments provided direct subsidies to certain...

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