The Federal Register http://thefederalregister.com/b.p/department/FEDERAL_MARITIME_COMMISSION/2008-06-16/ Daily Publications of Meetings and Rules Changes for the Federal Government Wed, Jan 7 2009 11:00:00 GMT Wed, Jan 7 2009 11:00:00 GMT info@thefederalregister.com <![CDATA[ Premier Automotive Services, Inc. v. Robert L. Flanagan and F. Brooks Royster, III]]> http://thefederalregister.com/d.p/2008-06-16-E8-13489

By the Commission: Commissioners Joseph E. Brennan and Harold J. Creel, Jr.; with Commissioner Rebecca F. Dye, dissenting.

Order

On January 27, 2006, Premier Automotive Services, Inc. (``Premier'' or ``Complainant'') filed a complaint against Robert L. Flanagan and F. Brooks Royster, III (collectively ``Respondents'' or the ``Maryland State Officials'') alleging that Respondents' marine terminal leasing practices violate sections 10(b)(10), 10(d)(1) and 10(d)(4) of the Shipping Act of 1984 (``Shipping Act''), 46 U.S.C. 41102, 41104 and 41106. This proceeding is before the Commission on exceptions from an order of the Administrative Law Judge granting the Respondents' motion to dismiss.

The issue before the Commission is whether the complaint against certain named officials of the State of Maryland is within the bounds of Ex parte Young, 209 U.S. 123 (1908), a judiciallycreated exception to state sovereign immunity from suit by private parties. For the reasons s ]]> http://thefederalregister.com/d.p/2008-06-16-E8-13489 Mon, Jun 16 2008 11:00:00 GMT