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QUINCY COMMERCE CENTER v. MARITIME ADMIN.

No. 05-1527.

451 F.3d 1 (2006)

QUINCY COMMERCE CENTER, LLC AND OMLC, LLC, Plaintiffs, Appellants, v. MARITIME ADMINISTRATION, William G. Schubert, Maritime Administrator in his Official Capacity, K. Spillane, LLC, Myron Bowling Auctioneers, Perfection Machinery, and March Fourth, LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 9, 2006.

Attorney(s) appearing for the Case

Edward Foye with whom Christopher Weld, Jr., Howard M. Cooper and Todd & Weld LLP, were on brief, for appellants.

Eric D. Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney and Anthony J. Steinmeyer, Attorney, Appellate Staff, Civil Division, United States Department of Justice, were on brief, for appellees, Maritime Administration, et al.

Christopher J. Cunio with whom Harry L. Manion, III, Frank A. Marinelli, Jaimie A. McKean, and Cooley Manion Jones LLP, were on brief, for appellees K. Spillane, LLC and March Fourth, LLC.

Jay T. Farraher with whom Paul T. Fox, Gretchen N. Miller and Greenberg Traurig, LLP, were on brief, for appellees, Perfection Machinery Sales, Inc., and Myron Bowling Auctioneers.

Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

HOWARD, Circuit Judge.

Plaintiff Quincy Commerce Center, LLC ("QCC"), has brought this appeal to challenge the district court's entry of summary judgment against it on its claims under the Administrative Procedures Act ("APA"), 5 U.S.C. § 701 et seq. QCC argues that the Maritime Administration of the United States ("MARAD") and William G. Schubert, MARAD's Administrator (in his official capacity), violated the Merchant Marine Acts of 1936 and 1970 ("MMA"), 46...

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