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FORT SUMTER TOURS, INC. v. BABBITT

No. 94-1570.

66 F.3d 1324 (1995)

FORT SUMTER TOURS, INCORPORATED, Petitioner-Appellant, v. Bruce BABBITT, Secretary, United States Department of the Interior, Respondent-Appellee. National Park Hospitality Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1995.

Attorney(s) appearing for the Case

ARGUED: Marvin DeWitt Infinger, Sinkler & Boyd, P.A., Charleston, South Carolina, for Appellant. John Harris Douglas, Assistant United States Attorney, Charleston, South Carolina, for Appellee. ON BRIEF: George E. Campsen, Jr., Campsen & Campsen, Charleston, South Carolina, for Appellant. J. Preston Strom, Jr., United States Attorney, Charleston, South Carolina, for Appellee. Henry L. Diamond, Fred R. Wagner, Scott F. Belcher, Beveridge & Diamond, P.C., Washington, DC, for Amicus Curiae.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Chief Judge ERVIN and Senior Judge YOUNG joined.

OPINION

MURNAGHAN, Circuit Judge:

Fort Sumter Tours, Inc. ("FST") provides public boat transportation in Charleston, South Carolina under a concession arrangement with the United States Secretary for the Interior ("Secretary"), pursuant to a contract between FST and the National Park Service ("NPS"). Under the contract, FST...

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