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NORTHWEST AIRLINES, INC. v. COUNTY OF KENT

No. 92-97.

510 U.S. 355 (1994)

NORTHWEST AIRLINES, INC., ET AL. v. COUNTY OF KENT, MICHIGAN, ET AL.

Supreme Court of United States.

Decided January 24, 1994.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., argued the cause for petitioners. With him on the briefs was Jonathan S. Franklin.

William F. Hunting, Jr., argued the cause for respondents. With him on the brief were Mark S. Allard, Robert A. Buchanan, and Michael M. Conway.

Edward C. DuMont argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Wallace, William Kanter, Christine N. Kohl, Paul M. Geier, and Dale C. Andrews.*

GINSBURG, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, SCALIA, KENNEDY, and SOUTER, JJ., joined. THOMAS, J., filed a dissenting opinion, p. 374. BLACKMUN, J., took no part in the consideration or decision of the case.

JUSTICE GINSBURG delivered the opinion of the Court.

Seven commercial airlines, petitioners in this case, assert that certain airport user fees charged to them are unreasonable and discriminatory, in violation of the federal Anti-Head Tax Act (AHTA), 49 U. S. C. App. § 1513, and the Commerce Clause. Because the record, as it now stands, does not warrant a judicial determination that the fees in question are unreasonable...

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