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INDIANA PORT COM'N v. BETHLEHEM STEEL CORP.

No. 87-1290.

835 F.2d 1207 (1987)

INDIANA PORT COMMISSION, Plaintiff-Appellant, v. BETHLEHEM STEEL CORPORATION and Lake Carriers' Association, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1987.

Rehearing and Rehearing Denied February 3, 1988.

Attorney(s) appearing for the Case

Steven M. Schneebaum, Patton Boggs & Blow, Washington, D.C., for plaintiff-appellant.

Jerry P. Belknap, Barnes & Thornburg, Indianapolis, Ind., J.B. Smith, Beckman, Kelly and Smith, Hammond, Ind., for defendants-appellees.

Before BAUER, Chief Judge, WOOD and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 3, 1988.

BAUER, Chief Judge.

The appellant, Indiana Port Commission ("IPC"), charges a general fee, known as the "Harbor Service Charge" (the "HSC"), on vessels using the Burns Waterway Harbor (the "Harbor"). The IPC billed the Bethlehem Steel Corporation ("Bethlehem") and members of the Lake Carriers' Association (the "Carriers") for fees owed under the HSC. The appellees, Bethlehem and Carriers, refused to...

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