OSG BULK SHIPS, INC. v. U.S.

No. 96-5156.

132 F.3d 808 (1998)

OSG BULK SHIPS, INC., Appellant, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1998.


Attorney(s) appearing for the Case

Joseph A. Klausner, Washington, DC, argued the cause for appellant, with whom Allan A. Tuttle was on the briefs.

Cynthia A. Schnedar, Assistant U.S. Attorney, Washington, DC, argued the cause for the federal appellees, with whom Mary Lou Leary, U.S. Attorney, John D. Bates and R. Craig Lawrence, Assistant U.S. Attorneys, were on the brief. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Thomas L. Mills, Washington, DC, argued the cause for the private appellees, with whom Robert M. Rader, T.S.L. Perlman, Anne E. Mickey and John W. Butler were on the joint brief. Richard A. Hibey entered an appearance.

T.S.L. Perlman, Washington, DC, was on the brief for appellee Mormac Marine Transport, Inc.

Before: HENDERSON, ROGERS and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Maritime Administration has a long-standing interpretation of the Merchant Marine Act of 1936 under which any vessel built with the aid of a "construction-differential subsidy" from the federal government, and thus limited at least initially to service in foreign trade only, can enter domestic trade after the statutorily defined economic life of the vessel expires. OSG Bulk Ships...

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