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MANHATTAN TANKERS, INC. v. DOLE

Nos. 84-5886, 84-5929.

787 F.2d 667 (1986)

MANHATTAN TANKERS, INC. Appellant, v. Elizabeth H. DOLE, Secretary of Transportation, et al. MANHATTAN TANKERS, INC. v. Elizabeth H. DOLE, Secretary of Transportation, et al. Ogden Challenger Transport, Inc., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1986.

Attorney(s) appearing for the Case

William E. McDaniels, with whom Kevin T. Baine and F. Lane Heard, III, Washington, D.C., were on brief, for appellant in No. 84-5886 and cross-appellee in No. 84-5929.

Michael J. Ryan, Asst. U.S. Atty., 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 No. 84-5886 and cross-appellant in No. 84-5929.

Hugh N. Fryer, with whom Philip W. Buchen and Craig S. King, Washington, D.C., were on brief, for appellee Ogden Challenger Transport, Inc. in No. 84-5886 and cross-appellant in No. 84-5929.

Before ROBINSON, Chief Judge, and STARR and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

As this Nation's dependency upon foreign oil increased over the years, tankers transporting oil to the United States prosperously plied their international routes. The coastwise trade of the United States, as from the earliest days of our Republic, continued as the exclusive preserve of ships that were U.S. owned and U.S.-built. In the wake of the Arab oil embargo of 1973-74 and other...

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