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NADER v. FEDERAL AVIATION ADMINISTRATION

No. 24616.

440 F.2d 292 (1971)

Ralph NADER et al., Appellants, v. FEDERAL AVIATION ADMINISTRATION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1971.

Attorney(s) appearing for the Case

Mr. Anthony Z. Roisman, Washington, D. C., for appellants.

Mr. Robert E. Kopp, Atty., Department of Justice, with whom Thomas A. Flannery, U. S. Atty., and Robert V. Zener, Atty., Department of Justice, were on the brief, for appellees. Messrs. Morton Hollander, Atty., Department of Justice, and John A. Terry, Asst. U. S. Atty., also entered appearances for appellees.

Before LEVENTHAL and ROBINSON, Circuit Judges, and SMITH, Chief Judge, U. S. District Court for the District of Montana.

RUSSELL E. SMITH, Chief District Judge:

Appellants (Nader, the original petitioner, and Ingram, Limoncelli, Newbill and Walker, who intervened in the proceedings before the Administrator) appeal from a district court judgment sustaining the refusal of the Federal Aviation Administration (hereafter the Administrator) to impose an emergency ban on smoking on commercial aircraft.

Appellants' claims were supported before the Administrator by a series of exhibits...

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