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AMERICA CARGO TRANSPORT, INC. v. U.S.

Nos. 08-35010, 08-35276.

625 F.3d 1176 (2010)

AMERICA CARGO TRANSPORT, INC., a Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. America Cargo Transport, Inc., a Corporation, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2010.

Attorney(s) appearing for the Case

Timothy R. Lord and Vickey L. Quinn , San Francisco, CA, for the plaintiff-appellant.

Brian Kipnis and Thomas Merton Woods , Assistant United States Attorneys, Seattle, WA, for the defendant-appellee.

Before: MICHAEL DALY HAWKINS and M. MARGARET McKEOWN, Circuit Judges, and THOMAS J. WHELAN, Senior District Judge.

OPINION

McKEOWN, Circuit Judge:

This appeal centers around federal cargo shipping preferences related to the United States government's Food for Peace program. Specifically, we consider whether the government's changed position with respect to the administrative process governing international food aid shipments moots this appeal and whether the government is nonetheless subject to money damages for failing to comply with those requirements.

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