ATLANTIC RICHFIELD COMPANY, Appellant, Maryland Tankers, Inc.
v.
UNITED STATES of America, et al.
ATLANTIC RICHFIELD COMPANY Maryland Tankers, Inc., Appellant,
v.
UNITED STATES of America, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 6, 1985.
Decided October 11, 1985.
Attorney(s) appearing for the Case
Michael Joseph, Washington, D.C., with whom Mark P. Schlefer, Thomas L. Mills and Donald M. Squires, Washington, D.C., were on brief, for appellant Atlantic Richfield Co. in No. 84-5752.
Jonathan Blank, John W. Angus, III, William E. McDaniels, Kevin T. Baine and Eleni M. Constantine, Washington, D.C., were on brief, for appellant Maryland Tankers, Inc. in No. 84-5885.
John H.E. Bayly, Jr., Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee U.S. in Nos. 84-5752 and 84-5885.
Allan Abbot Tuttle, Washington, D.C., with whom Jeff Turner and Joseph A. Klausner, Washington, D.C., were on brief, for appellees OMI Corp. et al. in Nos. 84-5752 and 84-5885.
Before WALD, EDWARDS and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
Under section 506 of the Merchant Marine Act of 1936 ("the Act"),1 United States-flag ships built with the aid of federal construction subsidies generally are prohibited from entering the domestic shipping trade. However, on occasions, this prohibition is lifted if the Maritime Administration ("MarAd")
consent[s] in writing to the temporary...
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