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RAINBOW NAV., INC. v. DEPT. OF NAVY

Nos. 85-6046, 85-6104.

783 F.2d 1072 (1986)

RAINBOW NAVIGATION, INC., et al. v. DEPARTMENT OF the NAVY, et al., Appellants. RAINBOW NAVIGATION, INC., et al. v. DEPARTMENT OF the NAVY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1986.

As Amended February 14, 1986.

Attorney(s) appearing for the Case

Peter R. Maier, Atty. Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, were on brief, for appellants. Glen L. Archer, Jr. and Michael L. Paup, Attys. Dept. of Justice, also entered appearances for appellants.

Frank J. Costello, with whom John W. McConnell, Jr. was on brief, for appellee Rainbow Navigation, Inc.

Benjamin L. Zelenko, with whom Martin Shulman and Ellen Godbey Carson were on brief, for appellee Intern. Organization of Masters, Mates & Pilots.

Before SCALIA and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

Concurring opinion filed by Circuit Judge STARR.

SCALIA, Circuit Judge:

In this case, the government has invoked a hitherto unused provision of the Cargo Preference Act of 1904 to revoke the shipping preference presently enjoyed by Rainbow Navigation, Inc., as the only U.S.-flag ship serving the military cargo route from the United States to the United States military base at Keflavik, Iceland. Faced...

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