Nos. 1153, 1381, Dockets 94-6222, 94-6224.

64 F.3d 82 (1995)

AQUARIUS MARINE CO., Plaintiff-Appellee, v. Federico F. PEÑA, as Secretary of Transportation of the United States; Albert J. Herberger, as Maritime Administrator United States Department of Transportation, Defendants-Appellants, Shipbuilders Council of America, et al., Intervenor-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

Jeffrey Clair, Washington, DC, (Frank W. Hunger, Asst. Atty. Gen., Robert S. Greenspan, Dept. of Justice, Washington, DC, Zachary W. Carter, U.S. Atty., E.D.N.Y., Brooklyn, NY, on the brief), for defendants-appellants.

Jonathan Blank, Washington, DC (Lisa M. Helpert, Preston Gates Ellis & Rouvelas Meeds; Andrew J. Simons, A. Kathleen Tomlinson, Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Uniondale, NY; Scott Himes, Stillman, Friedman & Shaw, P.C., New York City, on the brief), for intervenor-defendants-appellants.

Mark P. Schlefer, Washington, DC (T.S.L. Perlman, Fort & Schlefer, on the brief), for plaintiff-appellee.

Before: MINER, JACOBS and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This appeal is taken by the Secretary of Transportation and various private intervenors from an order of the United States District Court for the Eastern District of New York (Platt, Judge), which vacated and remanded a final order of the Maritime Administrator of the Department of Transportation ("Administrator"). The issue on appeal is whether the Administrator was arbitrary and capricious in concluding that a vessel owned by plaintiff...

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