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SHIPBUILDERS COUNCIL OF AMERICA v. U.S.

Nos. 88-5095, 88-5119.

868 F.2d 452 (1989)

SHIPBUILDERS COUNCIL OF AMERICA, et al. v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1989.

Attorney(s) appearing for the Case

Robert M. Loeb, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for federal appellants.

R. Craig Lawrence and George P. Williams, Asst. U.S. Attys., also entered appearances for appellants in No. 88-5095 and for appellees in No. 88-5119. John D. Bates, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellants in No. 85-5095.

Charles D. Tetrault, with whom Theodore W. Kassinger, Washington, D.C., was on the brief, for intervenor/appellant, Marathon LeTourneau Company.

Michael Joseph, with whom Thomas L. Mills and Tyler J. Wilson, Washington, D.C., were on the brief, for appellees.

Marie Louise Hagen also entered an appearance for appellees Shipbuilders Council of America, et al. in No. 88-5119.

Before RUTH BADER GINSBURG, SILBERMAN and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

As plaintiffs in the district court, the Shipbuilders Council of America and the Transportation Institute sought, in 1987, a declaration that the United States Customs Service (Customs) had erred, over eighteen months earlier, in ruling that a particular "dry-docking" operation could be performed using foreign barges without violating the Shipping Act of 1920...

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