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SANTA FE DISCOUNT CRUISE PARKING, INC. v. FMC

No. 17-1089.

889 F.3d 795 (2018)

SANTA FE DISCOUNT CRUISE PARKING, INC., d/b/a EZ Cruise Parking and Sylvia Robledo, d/b/a 81st Dolphin Parking, Petitioners v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Board of Trustees of the Galveston Wharves and Galveston Port Facilities Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2018.

Attorney(s) appearing for the Case

Gerald A. Morrissey III argued the cause and filed the briefs for petitioners.

William H. Shakely , Deputy General Counsel, Federal Maritime Commission, argued the cause for respondents. With him on the brief were James J. Fredricks and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Tyler J. Wood , General Counsel, Federal Maritime Commission, and Daniel S. Lee , Attorney-Advisor.

Anthony P. Brown argued the cause for intervenor. With him on the brief were David E. Cowen , Galveston, TX, Amanda D. Wright , Galveston, TX, and Jocelyn A. Holland , Houston, TX.

Before: Kavanaugh and Millett, Circuit Judges, and Sentelle, Senior Circuit Judge.

This is not a complicated case. The Galveston Port charges commercial passenger vehicles such as taxis, limos, and shuttle buses for access to the Port's parking terminal. Petitioners operate shuttle buses. The Port charged Petitioners' shuttle buses more than the Port charged taxis and limos. Petitioners challenge that...

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