INDEPENDENT U.S. TANKER OWNERS COMMITTEE, Appellant,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
ALASKA BULK CARRIERS, INC., et al., Appellants,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
INDEPENDENT U.S. TANKER OWNERS COMMITTEE, Seatrain Lines, Inc., Appellant,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
ALASKA BULK CARRIERS, INC., et al. Seatrain Lines, Inc., Appellant,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
FIRST ATTRANSCO TANKER CORP., et al.
v.
SEATRAIN LINES, INC., Appellant,
Elizabeth H. Dole, Secretary, U.S. Department of Transportation, et al.
OVERSEAS SHIPBUILDING GROUP, INC., Seatrain Lines, Inc., Appellant,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
OVERSEAS SHIPBUILDING GROUP, INC., Appellant,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
FIRST ATTRANSCO TANKER CORP., et al., Appellants,
v.
Elizabeth H. DOLE, Secretary, U.S. Department of Transportation, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 10, 1986.
Decided January 16, 1987.
Attorney(s) appearing for the Case
Joseph A. Klausner, with whom Allan A. Tuttle, Washington, D.C., was on brief for appellant, Independent U.S. Tanker Owners Committee in Nos. 85-6068 and 86-6134.
Amy Loeserman Klein, with whom William E. Cohen and Marc A. Bernstein, New York City, were on brief for appellants, First Attransco Tanker Corp., et al. in Nos. 85-6136 and 85-6163.
Daniel P. Levitt, with whom Richard J. Wertheimer, Washington, D.C., was on brief for appellant, Overseas Shipbuilding Group, Inc. in No. 85-6138.
Robert J. Blackwell, Anne E. Mickey, Jeffrey R. Masi and Linda L. Martin, Washington, D.C., were on brief for appellant, Alaska Bulk Carriers, Inc., et al. in No. 85-6069.
William E. McDaniels, Kevin T. Baine and Jonathan Blank, Washington, D.C., were on brief for appellant, Seatrain Lines, Inc. in Nos. 85-6134, 85-6135, 85-6136 and 85-6137.
Kenneth N. Weinstein, Deputy Asst. Gen. Counsel for Litigation, Dept. of Transp., with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, was on brief for appellees, Secretary of Transp., et al. in Nos. 85-6068, et al. Michael Kimmel and Robert S. Greenspan, Attys., Dept. of Justice, Washington, D.C., entered appearances for appellees.
Roy G. Bowman and Richard H. Saltsman, Washington, D.C., were on brief for appellee, American Petrofina Inc. in Nos. 85-6068, et al.
Michael Joseph, Mark P. Schlefer, Thomas L. Mills and Donald M. Squires, Washington, D.C., were on brief for appellees, Atlantic Richfield Co., et al. in Nos. 85-6068, et al.
Before EDWARDS and BORK, Circuit Judges, and SWYGERT, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BORK.
BORK, Circuit Judge:
These consolidated cases are before us on appeal from a decision of the district court, 620 F.Supp. 1289 (1985), which sustained the validity of a rule promulgated by the Secretary of Transportation. Appellants challenge the rule as exceeding the Secretary's statutory authority and as arbitrary and capricious agency action; they also raise a battery...
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