Cross-Sound Ferry Services, Inc. v. Interstate Commerce Commission and United States of America, and Viking Starship, Inc., Intervenor
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Chief Judge MIKVA.
Opinion concurring in part and concurring in the denial of the petition for review filed by Circuit Judge CLARENCE THOMAS.
MIKVA, Chief Judge:
In this case, we revisit the propriety of the Interstate Commerce Commission’s (“ICC” or the “Commission”) finding that certain water carrier services provided by intervenor Viking Starship, Inc. (“Viking”) are ferry services exempt from ICC regulation. In Cross-Sound Ferry Servs., Inc. v. ICC, 873 F.2d 395 (D.C.Cir.1989) [hereinafter Cross-Sound 7], we remanded for further clarification of the…
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