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WATERFRONT COM'N v. ELIZABETH-NEWARK SHIPPING

No. 98-6127.

164 F.3d 177 (1998)

WATERFRONT COMMISSION OF NEW YORK HARBOR, on behalf of itself and of the State of New Jersey v. ELIZABETH-NEWARK SHIPPING, INC., Appellant

United States Court of Appeals, Third Circuit.

Decided December 29, 1998.

Attorney(s) appearing for the Case

Scott R. Johnston (Argued), Poles, Tublin, Patestides & Stratakis, New York City, for Appellant.

David B. Greenfield (Argued), Gerald P. Lally, Waterfront Commission of New York Harbor, New York City, for Appellee.

Before: SLOVITER and COWEN, Circuit Judges, and OBERDORFER, District Judge

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

At issue in this case is the application of regulatory provisions of the Waterfront Commission Compact ("the Compact") to a company that transports by water certain merchandise, primarily trucks and automobiles, that it claims it owns. The Compact is an interstate agreement entered into between New York and New Jersey with the consent of Congress. See N.J. Stat. Ann. § 32:23-1 et seq...

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