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FORT SUMTER TOURS, INC. v. BABBITT

No. 98-5508.

202 F.3d 349 (2000)

FORT SUMTER TOURS, INC., Appellant, v. Bruce BABBITT, Secretary of the Department of the Interior and Robert G. Stanton, Director, National Park Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2000.

Attorney(s) appearing for the Case

Peter Dickson argued the cause for appellant. With him on the briefs were Paul F. Enzinna and Jody Manier Kris.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Wilma A. Lewis, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: SILBERMAN, HENDERSON, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Fort Sumter Tours, Inc. (FST) provides passenger boat service to Fort Sumter National Monument in Charleston Harbor, South Carolina. The service is provided pursuant to a concession contract with the Secretary of the Interior, through the National Park Service (NPS or "Park Service"), under which FST pays the Secretary an annual franchise fee. This case involves a dispute over the...

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