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DISTRICT 2, MARINE ENGINEERS v. BURNLEY

No. 90-1933.

936 F.2d 284 (1991)

DISTRICT 2, MARINE ENGINEERS BENEFICIAL ASSOCIATION, Plaintiff-Appellant, v. James H. BURNLEY, IV, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Joan Torzewski, Lackey, Nusbaum, Harris, Reny & Torzewski, Fritz Byers (argued), Toledo, Ohio, Dean A. Robb, Sr., Messing, Robb, Traverse City, Mich., for plaintiff-appellant.

Robert Haviland, Asst. U.S. Atty., Flint, Mich., James K. Augustine, Washington, D.C., Robert Bruce (argued), Miami, Fla., for Paul A. Yost, Jr., Lafarge Coppee, S.A. and John Gaughan.

Philip M. Frost, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, Mich., Gerald A. Novack (argued), Lord, Day, Lord, Barrett, Smith, New York City, for Lafarge Corp.

William A. Moore, Hill, Lewis, Adams, Goodrich & Tait, Detroit, Mich., David G. Davies, Gene B. George, Ray, Robinson, Hanninen & Carle, Cleveland, Ohio, for Inland Lakes Transp., Inc., Inland Lakes Management Inc.

Wallace H. Glendening, Jaffe, Snider, Raitt & Heuer, Detroit, Mich., for First Union Commercial Corp.

Before GUY and NELSON, Circuit Judges, and HIGGINS, District Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a district court judgment dismissing a complaint in which a maritime union challenged the legality of the Government's failure to stop the operation in the "coastwise trade" of six privately owned bulk carriers that had allegedly been "sold foreign" within the meaning of a Jones Act proviso codified at 46 U.S.C. § 883. In addition to seeking judicial review pursuant to the Administrative Procedure Act, the...

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