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NORTHWEST AIRLINES, INC. v. U.S. DEPT. OF TRANSP.

Nos. 92-1251, 92-1254.

15 F.3d 1112 (1994)

NORTHWEST AIRLINES, INC., Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, Delta Air Lines, Inc., Intervenor. PAN AMERICAN WORLD AIRWAYS, INC., Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, Delta Air Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 1994.

Rehearing and Suggestion for Rehearing Denied April 12, 1994.

Attorney(s) appearing for the Case

Roy T. Englert, Jr., Washington, DC, argued the cause for petitioner Northwest Airlines, Inc. in No. 92-1251. With him on the joint briefs were Donald M. Falk, Clifford M. Sloan, Washington, DC, and Richard B. Hirst, St. Paul, MN.

Richard D. Mathias, Washington, DC, argued the cause for petitioner Pan American World Airways, Inc. in No. 92-1254. With him on the joint briefs was Frank J. Costello, Washington, DC.

Thomas L. Ray, Trial Attorney, U.S. Department of Transportation, Washington, DC, argued the cause for respondent. With him on the brief were Paul M. Geier, Assistant General Counsel, Peter J. Plocki, Trial Attorney, U.S. Department of Transportation, Robert B. Nicholson and Marion L. Jetton, Attorneys, U.S. Department of Justice, Washington, DC.

Jonathan T. Cain, Washington, DC, argued the cause for intervenor. With him on the brief were Robert E. Cohn, Debra Osofsky, Washington, DC, and Don M. Adams, Atlanta, GA. Leslie A. Nicholson, Jr., Washington, DC, entered an appearance.

Before MIKVA, Chief Judge, WALD and GINSBURG, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied April 12, 1994.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge GINSBURG.

WALD, Circuit Judge:

Pan American World Airways, Inc. ("Pan Am") and Northwest Airlines, Inc. ("Northwest") seek review of the Department of Transportation's ("DOT" or "Department") decision to approve the transfer of Pan Am's Detroit-London route to Delta Air Lines, Inc...

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