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SHIPBUILDERS COUNCIL v. U.S. DEPT. OF HOMELAND

No. 1:06cv1297.

481 F.Supp.2d 550 (2007)

SHIPBUILDERS COUNCIL OF AMERICA, INC., et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants, Matson Navigation Company, Inc., Intervenor-Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

April 6, 2007.

Attorney(s) appearing for the Case

George Andrew Hawkins, Peterson Noll & Goodman PLC, Vienna, VA, for Plaintiffs.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this Administrative Procedure Act ("APA")1 challenge to agency action is whether the U.S. Coast Guard's ("Coast Guard") preliminary determination that the container vessel modifications proposed by intervenor-defendant Matson Navigation Company, Inc. ("Matson") would not constitute foreign "rebuilding" under the Second Proviso of the Jones Act2

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