TEXACO MARINE SERVICES, INC. v. U.S.

No. 93-1354.

44 F.3d 1539 (1994)

TEXACO MARINE SERVICES, INC. and Texaco Refining and Marketing, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant Appellee.

United States Court of Appeals, Federal Circuit.

December 29, 1994.


Attorney(s) appearing for the Case

Sharon Steele Doyle and Robert T. Givens, Givens & Kelly, Houston, TX, argued, for plaintiffs-appellants.

Bruce N. Stratvert, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. In Charge, Intern. Trade Field Office. Of counsel was Stephen Berke, Office of the Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Service.

Lauren R. Howard, Collier, Shannon, Rill & Scott, Washington, DC, was on the brief, for amicus curiae, Shipbuilders Council of America, Inc.

Ernest J. Corrado, President and Counsel for the American Institute of Merchant Shipping, Washington, DC, was on the brief, for amicus curiae, The American Institute of Merchant Shipping (AIMS).

Before RICH, MAYER, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Texaco Marine Services, Inc. (TMSI) and Texaco Refining and Marketing, Inc. (TRMI) (collectively "Texaco") appeal from the March 10, 1993 judgment of the United States Court of International Trade, Texaco Marine Servs., Inc. v. United States, 815 F.Supp. 1484, which denied Texaco's motion for summary judgment, granted the government's cross-motion for summary judgment, and dismissed Texaco's action...

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