Aquarius Marine Co. v. Peña

LEVAL, Circuit Judge:

This appeal is taken by the Secretary of Transportation and various private interve-nors from an. order of the United States District Court for the Eastern District of New York (Platt, Judge), which vacated and remanded a final order of the Maritime Administrator of the Department of Transportation (“Administrator”). The issue on appeal is whether the Administrator was arbitrary and capricious in concluding that a vessel owned by plaintiff Aquarius Marine Co. (“Aquarius”) had been “rebuilt” in a foreign shipyard within the meaning of the Cargo Preference Act, sections…