Nos. 88-3034, 88-3198 and 88-3213.

877 F.2d 540 (1989)

CITY OF MILWAUKEE, et al., Plaintiffs-Appellees/Cross-Appellants, v. Clayton K. YEUTTER, Secretary of Agriculture, et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 8, 1989.

Attorney(s) appearing for the Case

Grant F. Langley, Vincent D. Moschella, Office of the City Atty., Milwaukee, Wis., Robert E. Jensen, George D. Baker and John J. McMackin, Jr., Williams & Jensen, P.C., Washington, D.C., for plaintiffs-appellees/cross-appellants.

Mark W. Pennak, Leonard Schaitman, Dennis G. Linder, Sandra M. Schraibman, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., Ann M. Kisting, Asst. U.S. Atty., Milwaukee, Wis., for defendants-appellants/cross-appellees.

Jonathan Blank, Allen Erenbaum, Preston, Thorgrimson, Ellis & Holman, Washington, D.C., for intervenors.

Before EASTERBROOK and RIPPLE, Circuit Judges, and HENLEY, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

Several federal programs provide free or subsidized food for nations in need. American vessels get a preference in transporting the food:

[T]he appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least [75] per centum of the gross tonnage ... which may be transported on ocean vessels shall be transported on privately owned United States...

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