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MATSON NAV. CO., INC. v. U.S.

Nos. 85-5927, 85-6004.

825 F.2d 502 (1987)

MATSON NAVIGATION COMPANY, INC., Appellant, v. UNITED STATES of America, et al. PUERTO RICO MARITIME SHIPPING AUTHORITY, Appellant, v. Elizabeth Hanford DOLE, Secretary of Transportation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1987.

Attorney(s) appearing for the Case

Allan Abbot Tuttle, with whom Michael D. Esch, Washington, D.C., was on brief, for appellant, Matson Navigation Co., Inc., in No. 85-5927.

Amy Loeserman Klein, with whom William E. Cohen, Washington, D.C., was on brief, for appellant, Puerto Rico Maritime Shipping Authority, in No. 85-6004.

Michael J. Ryan, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Asst. U.S. Attys., James F. Ford and Kenneth N. Weinstein, Attys., Dept. of Transp., Washington, D.C., were on brief, for appellees, U.S., et al., in Nos. 85-5927 and 85-6004. John H.E. Bayly, Jr. and Douglas J. Behr, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellees, U.S., et al.

Mark P. Schlefer, with whom Michael Joseph, Thomas L. Mills and Donald M. Squires, Washington, D.C., were on brief, for appellees, Aeron Marine Shipping Co., et al., in Nos. 85-5927 and 85-6004.

Before WALD, Chief Judge, MIKVA, Circuit Judge and LEIGHTON, Senior District Judge.

Opinion PER CURIAM.

PER CURIAM:

The substance of the controversy in these appeals is the grant of permission by the Secretary of Transportation to Aeron Marine Shipping Co. (Aeron) to be affiliated with Acadian Marine Company (Acadian) which was to own and operate the vessel ATLANTIC SPIRIT in the domestic trade. Permission was necessary because Aeron, during the relevant period of time, was a subsidized operator of merchant marine vessels in the foreign trade...

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