Fednav (USA) Inc. v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This is a government maritime contract action. Plaintiff, Fednav (USA) Inc. (“Fed-nav”), contracted with the Navy over a three-year period for the ocean transportation of military cargo between ports of the Great Lakes and East Coast of the United States and various European ports, including Bremerhaven, Germany. At issue under these contracts is whether “Kajege-buhr,” a port charge levied by the Port of Bremerhaven, must be borne by Fednav, as the carrier, or by the Navy, as the shipper. During the relevant period, Fednav paid the Port of…