Whether the court below erred in prematurely dismissing Angelex's case and failing to apply the correct 'reasonableness' standard for unreasonable delay under 33 U.S.C. § 1904(h)

QUESTIONS PRESENTED The Act to Prevent Pollution from Ships, 33 U.S.C. § 1901, et seg. (“APPS”), was enacted by Congress to implement the provisions of the MARPOL treaty and annexes thereto to which the United States of America is a party. As part of APPS, Congress created an ‘after-the-fact’ statutory remedy codified at 33 U.S.C. § 1904(h), which provides that “a ship unreasonable detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.” The M/V ANTONIS G. PAPPADAKIS, a bulk carrier and sole income producing asset belonging to Petitioner, Angelex Ltd., was unreasonably delayed by the United States Coast Guard and/or Customs and Border Protection Agency for one hundred and sixty-five (165) days in the port of Norfolk, Virginia. The questions presented which warrant further review because of their critical legal importance are: 1. Whether the Court below’ erred by prematurely dismissing Angelex’s case prior to trial and full presentation of Angelex’s evidence; and 2. Whether the Court below erred by failing to apply the correct “reasonableness” standard in its consideration of what constitutes an “unreasonable delay of the vessel” as set forth in 33 U.S.C. § 1904(h).