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MENKES v. U.S. DEPT. OF HOMELAND SEC.

No. 09-5372.

637 F.3d 319 (2011)

Richard J. MENKES, Appellant v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2011.

Attorney(s) appearing for the Case

Jonathan G. Axelrod argued the cause and filed the briefs for appellant. Edward M. Gleason Jr. entered an appearance.

Alan Burch , Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney. Claire Whitaker , Assistant U.S. Attorney, entered an appearance.

Opinion filed by Circuit Judge BROWN dissenting in part.

EDWARDS, Senior Circuit Judge:

The Great Lakes Pilotage Act ("GLPA") sets forth certain requirements for persons who serve as pilots of vessels sailing on the waters of the Great Lakes. Under the statute, the United States Coast Guard ("Coast Guard" or "agency") is afforded discretion to "authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services...

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