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

Nos. 11-1219, 11-1222.

687 F.3d 403 (2012)

SPIRIT AIRLINES, INC., et al., Petitioner Southwest Airlines Co., Intervenor v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent American Society of Travel Agents, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2012.

Attorney(s) appearing for the Case

David M. Kirstein argued the cause for petitioners. With him on the brief was Joanne W. Young .

M. Roy Goldberg and Robert W. Kneisley were on the briefs for intervenor Southwest Airlines Co. in support of petitioners.

Bert W. Rein and Roger H. Miksad were on the brief for amicus curiae International Air Transport Association in support of petitioners and intervenor.

Andrew B. Steinberg and Jeffrey S. DeVore were on the brief for amicus curiae Air Transport Association of America, Inc. in support of petitioners. Robert P. Silverberg entered an appearance.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, Michael S. Raab , Attorney, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, Timothy H. Goodman , Senior Trial Attorney, and Blane Workie , Deputy Assistant General Counsel for Aviation Enforcement and Proceedings.

Dale C. Andrews was on the brief for amicus curiae Interactive Travel Services Association in support of respondent.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge RANDOLPH.

TATEL, Circuit Judge:

Pursuant to its authority to regulate "unfair and deceptive" practices in the airline industry, the Department of Transportation issued a final rule entitled "Enhancing Airline Passenger Protections." 76 Fed. Reg. 23,110 (Apr. 25, 2011). Spirit Airlines and others challenge three of the rule's provisions — the requirement that the most prominent figure displayed on print advertisements and websites be the total price, inclusive of taxes...

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