VIRGIN ISLANDS PORT AUTHORITY v. U.S.

2018-1698.

922 F.3d 1328 (2019)

VIRGIN ISLANDS PORT AUTHORITY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 26, 2019.


Attorney(s) appearing for the Case

Geoffrey P. Eaton , Winston & Strawn LLP, Washington, DC, argued for plaintiff-appellant.

Elizabeth Anne Speck , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Joseph H. Hunt , Claudia Burke , Robert Edward Kirschman, Jr.

Before Dyk, Mayer, and Clevenger, Circuit Judges.


The Virgin Islands Port Authority ("VIPA") appeals from the grant of the United States' motion for summary judgment in the U.S. Court of Federal Claims ("Claims Court"). The Claims Court rejected VIPA's claim that the collection of wharfage and tonnage fees by the U.S. Customs and Border Protection ("Customs") constituted an...

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