EXECUTIVE LIMOUSINE SERV., INC. v. GOLDSCHMIDT

Nos. 78-1623, 78-1624.

628 F.2d 115 (1980)

EXECUTIVE LIMOUSINE SERVICE, INC., a Virginia Corporation, Washington Metropolitan Area Transit Commission, Appellant, v. The Honorable Neil E. GOLDSCHMIDT, Secretary of the Dept. of Transportation, et al. EXECUTIVE LIMOUSINE SERVICE, INC., a Virginia Corporation, Appellant, Washington Metropolitan Area Transit Commission v. The Honorable Neil E. GOLDSCHMIDT, Secretary of the Dept. of Transportation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1980.


Attorney(s) appearing for the Case

Maxwell A. Howell, Washington, D. C., for appellant Executive Limousine Service, Inc., in No. 78-1624.

Gregory Paul Barth, Gen. Counsel, Washington Metropolitan Area Transit Commission, Washington, D. C., with whom Joel C. Weingarten, Associate Gen. Counsel, Washington Area Transit Commission, was on brief, for appellant in No. 78-1623.

William J. Birney, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert*, U. S. Atty., John A. Terry and Michael J. Ryan, Asst. U. S. Attys., Washington, D. C., were on brief, for appellees.

Also Gregory Paul Barth, Washington, D. C., entered an appearance for appellant Washington Metropolitan Area Transit Commission in No. 78-1624.

Before McGOWAN and LEVENTHAL, Circuit Judges, and PENN, United States District Judge for the District of Columbia.


Opinion for the court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

This case presents a jurisdictional dispute between the Federal Aviation Administration (FAA) and the Washington Metropolitan Area Transit Commission (WMATC or Commission) over for-hire ground transportation of passengers from Dulles International Airport.

On June 30, 1976, Executive Limousine Service, Inc. (Executive), brought an action for declaratory judgment and for an...

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