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NOVAK v. U.S.

No. 13-16383.

795 F.3d 1012 (2015)

Patrick NOVAK; Daniel Rocha; Larry Kenner, DBA Kenner, Inc., a Hawaii corporation; Ken Schoolland; Bjorn Arntzen; Philip R. Wilkerson; William Akina, PH.D., Individually and as Representatives of a Class of Similarly Situated Persons, Plaintiffs-Appellants, v. UNITED STATES of America; Does 1-1000, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2015.

Attorney(s) appearing for the Case

John S. Carroll (argued), Honolulu, HI, for Plaintiffs-Appellants.

Rachel S. Moriyama (argued), Assistant United States Attorney, and Florence T. Nakakuni , United States Attorney, Honolulu, HI, for Defendant-Appellee.

Opinion by Judge CLIFTON; Concurrence by Judge FRIEDLAND.

OPINION

This action challenges the constitutionality of the Jones Act's cabotage provisions, which prohibit foreign competition in the domestic shipping market. Plaintiffs allege that these provisions impair interstate trade between Hawaii and the rest of the United States to such an extent that they violate the...

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