REPUBLIC AIRLINES, INC., and Ozark Air Lines, Inc., Petitioners,
v.
UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 15, 1988.
June 15, 1988.
Attorney(s) appearing for the Case
Raymond J. Rasenberger, Zuckert, Scoutt, Rasenberger & Johnson, Washington, D.C., (Thom G. Field, Neale, Newman, Bradshaw & Freeman, Springfield, Mo., and, Charles J. Simpson, Jr., Zuckert, Scoutt, Rasenberger & Johnson, Washington, D.C., with him on the briefs), for petitioners.
Thomas L. Ray, Sr. Trial Atty., U.S. Dept. of Transp., Washington, D.C. (Charles F. Rule, Acting Asst. Atty. Gen., Antitrust Div., Robert Nicholson and Laura Heiser, U.S. Dept. of Justice, Washington, D.C., Rosalind A. Knapp, Deputy Gen. Counsel, Kenneth N. Weinstein, Deputy Asst. Gen. Counsel for Litigation, U.S. Dept. of Transp., Washington, D.C., with him on the briefs), for respondent.
Before SEYMOUR and ANDERSON, Circuit Judges, and BROWN, District Judge.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
Republic Airlines, Inc. and Ozark Air Lines, Inc. (hereinafter the "Airlines") petition for review of an order of the Civil Aeronautics Board ("Board")1 in which the Board refused to apply recaptured subsidy overpayments for the years 1978-82 to Republic and Ozark's "need" requirements under § 406(b) of the Federal Aviation Act of 1958, 49 U.S.C. § 1376(b) (the "Act") for fiscal years 1982...
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