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KITTY HAWK AIRCARGO, INC. v. CHAO

No. 04-10860.

418 F.3d 453 (2005)

KITTY HAWK AIRCARGO, INC., Plaintiff-Appellee, v. Elaine CHAO, Etc., Defendant, Air Line Pilots Association; Hal Winters, Intervenor Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 20, 2005.

Attorney(s) appearing for the Case

Karen S. Precella, Haynes & Boone, Fort Worth, TX, Gerard F. Doyle (argued), Scott W. Woehr, Doyle & Bachman, Arlington, VA, for Plaintiff-Appellee.

Robert Russell Bailey (argued), Airline Pilots Ass'n Intern., Washington, DC, Marta Wagner, Air Line Pilots Ass'n, Herndon, VA, for Air Line Pilots Ass'n.

Steven K. Hoffman (argued), Sean B. Bajkowski, James & Hoffman, Washington, DC, for Winters.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Intervenors Airline Pilots Association (ALPA) and Hal Winters appeal the district court's granting of summary judgment to the plaintiff, Kitty Hawk Aircargo, Inc. The district court enjoined the defendant, the Secretary of the United States Department of Labor (the Secretary), from implementing, against Kitty Hawk, a ruling of the Department of Labor's Administrative Review Board (ARB) concluding that...

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