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INTERPORT PILOTS AGENCY, INC. v. SAMMIS

Nos. 454, 643, Dockets 93-7499L, 93-7573XAP.

14 F.3d 133 (1994)

INTERPORT PILOTS AGENCY, INC., Charles Jonas, Captain, Francis Burn, Jr., Captain, Philip Gaughran, Captain, Plaintiffs-Appellants-Cross-Appellees, v. S. Fraser SAMMIS, Robert Pouch, Defendants-Appellees, Board of Commissioners of Pilots of The State of New York, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 10, 1994.

Attorney(s) appearing for the Case

Joel N. Kreizman, Little Silver, NJ (Evans, Osborne & Kreizman, of counsel), for plaintiffs-appellants-cross-appellees.

Barrie L. Goldstein, New York City (Robert Abrams, Atty. Gen. of the State of New York, Andrea Green, Deputy Sol. Gen., of counsel), for defendants-appellees-cross-appellants.

Before: McLAUGHLIN, JACOBS and REAVLEY, Circuit Judges.

JACOBS, Circuit Judge:

On this appeal this Court has occasion for the first time to construe the Federal Boundary Waters Act, enacted in 1837 and codified in its current version at 46 U.S.C. § 8501(b) (1989) (the "boundary statute"). The boundary statute allows vessels entering or leaving a port on waters that are a boundary between two states to use a pilot licensed by either state. Connecticut-licensed pilots assert a right under the boundary statute to pilot...

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