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NORFOLK AND WESTERN RY. CO. v. U.S.

No. 95-1124.

62 F.3d 1395 (1995)

NORFOLK AND WESTERN RAILWAY CO., Plaintiff-Appellant, v. The UNITED STATES of America, United States Customs Service and George Weise, in his capacity as Commissioner of the United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 4, 1995.

Attorney(s) appearing for the Case

Dennis J. Levasseur, Bodman, Longley & Dahling, L.L.P., Detroit, MI, argued, for plaintiff-appellant.

Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendants-appellees. With her on the brief, were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief, was Richard K. McManus, Asst. Chief Counsel, U.S. Customs Service, of counsel.

Before RICH, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States Customs Service classified Norfolk & Western Railway Company's (N & W's) watercraft used to carry railroad cars as ferries and assessed appropriate user fees. The Court of International Trade upheld the classification. Norfolk & W. Ry. v. United States, 869 F.Supp. 974, 983 (Ct.Int'l Trade 1994). Because N & W's watercraft are ferries under the plain language of the...

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