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HORIZON LINES, LLC. v. U.S.

No. CIV.A. 05-0952(ESH).

414 F.Supp.2d 46 (2006)

HORIZON LINES, LLC, Plaintiff, v. UNITED STATES of America, et al., Defendants, and American Seafoods Company LLC, Defendant-Intervenor.

United States District Court, District of Columbia.

February 10, 2006.

Attorney(s) appearing for the Case

Myles Joseph Ambrose, Sandler, Travis & Rosenberg, P.A., David E. Cohen, Washington, DC, Robert S. Zuckerman, Horizon Lines, LLC, Charlotte, NC, for Plaintiff.

Stephen Gerard Flynn, U.S. Department of Justice, Civil Division, Torts Branch/Admiralty, Jeffrey L. Squires, Garvey Schubert Barer, Washington, DC, for Defendants.

Catherine Chess Chen, George W. Thompson, Neville Peterson LLP, Washington, DC, for Defendant-Intervenor.

Michael K. Tomenga, Neville Peterson, LLP, Washington, DC, for Defendants/Defendant-Intervenor.

MEMORANDUM OPINION

HUVELLE, District Judge.

Plaintiff Horizon Lines, LLC ("Horizon") has filed this challenge under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., to the ruling of the Bureau of Customs and Border Protection ("CBP" or "Customs") interpreting the Third Proviso to Section 27 of the Merchant Marine Act of 1920 ("Jones Act"), ch. 250, 41 Stat. 988, codified as amended at 46 U.S.C. app. § 883 (2004...

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