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Federal Courts -
DC Circuit Court and Court of Appeals - May 15, 2007
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Menkes v. Dep't of Homeland Sec., No. 05-5382,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Decided
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Overview: If the Coast Guard read its regulations to give preference to a pilotage pool's members, it would conflict with 46 U.S.C.S. § 9304, which stated the pools were voluntary, but absent any interpretation, dismissal of an independent pilot's claim of APA and First and Fifth Amendment violations was reversed, and remand to the agency was ordered.
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