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CROSS-SOUND FERRY SERVICES, INC. v. I.C.C.

No. 90-1053.

934 F.2d 327 (1991)

CROSS-SOUND FERRY SERVICES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Viking Starship, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1991.

Attorney(s) appearing for the Case

Eugene D. Gulland, for petitioner.

Craig M. Keats, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel and Evelyn G. Kitay, Atty., I.C.C., and James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and David Seidman, Attys., Dept. of Justice, were on the brief, for respondents.

Edward D. Greenberg and Mark T. Priesing were on the brief, for intervenor.

Before MIKVA, Chief Judge, WILLIAMS and THOMAS, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

Opinion concurring in part and concurring in the denial of the petition for review filed by Circuit Judge CLARENCE THOMAS.

MIKVA, Chief Judge:

In this case, we revisit the propriety of the Interstate Commerce Commission's ("ICC" or the "Commission") finding that certain water carrier services provided by intervenor Viking Starship, Inc. ("Viking") are ferry services exempt from ICC regulation. In

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