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United States Third Circuit


Maher Terminals v. Port Auth. of N.Y. and N.J., 14-3626

In an admiralty action contending that the terms of plaintiff's lease with defendant violated the U.S. Constitution's Tonnage Clause, art. I, section 10, cl. 3, the Rivers and Harbors Appropriation Act, 33 U.S.C. section 5(b), and Water Resources Development Act, 33 U.S.C. section 2236, the district court's dismissal is affirmed where plaintiff cannot state a claim because is not a vessel falling within the class of plaintiffs protected by the Tonnage Clause and the relevant statutes.

Appellate Information

  • Decided 10/01/2015
  • Published 10/01/2015

Judges

  • FISHER

Court

  • United States Third Circuit

Counsel

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