CLIFFORD v. PENA

Nos. 95-5238, 95-5239 and 95-5240.

77 F.3d 1414 (1996)

Arthur David CLIFFORD, et al., Appellants v. Federico F. PEÑA, Secretary, United States Department of Transportation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1996.


Attorney(s) appearing for the Case

Ernest A. Cohen argued the cause for appellants. With him on the briefs were Richard S. Zuckerman, Leslie H. Wiesenfelder, Washington, DC, and J. Patrick Morris, Cleveland, OH. Edward M. Gleason, Jr., Sterling, VA entered an appearance.

Steve Frank, Attorney, U.S. Department of Justice, argued the cause for the federal appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, Douglas N. Letter, Litigation Counsel, and Eric H. Holder, Jr., United States Attorney, Washington, DC.

Robert T. Basseches, argued the cause for appellee American President Lines, Ltd. With him on the brief were John T. Rich and I. Michael Greenberger, Washington, DC.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Three labor unions challenged the decision of the United States Maritime Administration permitting American President Lines, Ltd., to operate six new foreign-built vessels under foreign flag in its existing international shipping operations. The district court consolidated the actions and, on summary judgment, ruled in favor of the Maritime Administration and the company. In this...

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