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AMERICAN MARITIME OFFICERS SERVICE v. STC SUBMARINE SYSTEMS

No. 90-1551.

949 F.2d 121 (1991)

AMERICAN MARITIME OFFICERS SERVICE; Transportation Institute; District 2 Marine Engineers Beneficial Association Associated Maritime Officers, AFL-CIO; Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, AFL-CIO, Plaintiffs-Appellants, and AT & T Communications, Inc., Plaintiff, v. STC SUBMARINE SYSTEMS, INCORPORATED; United States of America, Defendants-Appellees, and H. Lawrence Garrett, III; David A. Bottoroff; John T. Smith; Donald Rice; Richard Cheney, Secretary of Defense, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 12, 1991.

As Amended November 21, 1991.

Attorney(s) appearing for the Case

Joel I. Klein, Onek, Klein & Farr, Washington, D.C., argued (Jonathan Blank, Ann R. Klee, Preston, Gates, Ellis & Rouvelas Meeds; Joseph Dinsmore Murphy; and Mark Fox Evens, Glen Franklin Koontz, Kris Anne Monteith, Keller & Heckman, on brief), for plaintiffs-appellants.

Maureen Clancy Lindsey, Naval Facilities Engineering Command, Dept. of Navy, Alexandria, Va. and William W. Goodrich, Jr., Arent, Fox, Kintner, Plotkin & Kahn, Vienna, Va., argued (Henry E. Hudson, U.S. Atty., Richard Parker, Dennis E. Szybala, Asst. U.S. Attys., Alexandria, Va.; and Gerald B. Greenwald and Dean L. Grayson, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., on brief), for defendants-appellees.

Before SPROUSE and NIEMEYER, Circuit Judges, and MURRAY, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

We must decide whether the Cargo Preference Act of 1904, 10 U.S.C. § 2631 (1988), which requires the use of United States-flag ships in the transportation by sea of supplies bought for the military, applies to the transportation of cable on a cable-laying vessel which will travel from its boarding port in Oregon to a location in the Pacific Ocean where the cable is to be laid...

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