United States Federal Circuit

In an appeal of a decision enjoining the Army Corps of Engineers from awarding a dredging contract to defendants, the Court of Federal Claims erred in finding the defendant-s activities did not fall within the statutory exception to 46 U.S.C. app. - 292, though defendant is 50% foreign owned.

Appellate Information

• Decided 07/07/2004
• Published 07/07/2004

Judges

• LINN, Circuit Judge., Before NEWMAN, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael H. Payne, Starfield & Payne, P.C., of Fort Washington, PA, argued for plaintiff-appellee.   With him on the brief was Joseph A. Hackenbracht.   Of counsel on the brief was Guilford D. Ware, Crenshaw, Ware & Martin, of Norfolk, VA., Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director., Jeffrey F. Lawrence, Sher & Blackwell, L.L.C., of Washington, DC, argued for defendant-appellant Bean Stuyvesant, L.L.C. With him on the brief was Heather M. Spring.