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CROSS-SOUND FERRY SERVICES, INC. v. I.C.C.

Nos. 88-1455, 88-1456.

873 F.2d 395 (1989)

CROSS-SOUND FERRY SERVICES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Viking Starship, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1989.

Attorney(s) appearing for the Case

Eugene D. Gulland, with whom Richard G. Slattery, Washington, D.C., was on the brief, for petitioner.

Craig M. Keats, Deputy Associate Gen. Counsel, I.C.C., with whom Charles F. Rule, Asst. Atty. Gen., Robert S. Burk, Gen. Counsel, I.C.C., Dennis J. Starks, Atty., I.C.C., and Catherine G. O'Sullivan and David Seidman, Attys., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents.

Edward D. Greenberg and Mark T. Priesing, Washington, D.C., were on the brief, for intervenor.

Before MIKVA, SILBERMAN, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This petition for review concerns a decision by the Interstate Commerce Commission ("ICC" or "Commission") that certain water carriage services provided by Viking Starship, Inc. ("Viking") were ferry services exempt from ICC regulation by statute, 49 U.S.C. § 10544(a)(4). See Viking Starship, Inc. — Common Carrier Application (Montauk, NY), 4 I.C.C.2d 634 (1988...

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