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NEW ORLEANS S.S. ASS'N v. PLAQUEMINES PORT, HAR. & TERM. DIST.

No. 88-3467.

874 F.2d 1018 (1989)

NEW ORLEANS STEAMSHIP ASSOCIATION, Plaintiff-Appellant, v. PLAQUEMINES PORT, HARBOR AND TERMINAL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1989.

Attorney(s) appearing for the Case

Edward S. Bagley, Terriberry, Carroll & Yancey, New Orleans, La., for plaintiff-appellant.

Louis B. Porterie, Robert E. Fontenelle, Jr., New Orleans, La., for defendant-appellee.

Before WISDOM, GARWOOD, and JOLLY, Circuit Judges.

WISDOM, Circuit Judge:

The question this case presents is whether the Port of Plaquemines Parish may impose charges on ships to finance emergency response services. The New Orleans Steamship Association (NOSA) argues that the Port's charges violate the commerce clause of Article I of the United States Constitution,1 the foreign commerce clause,2 the tonnage clause...

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