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GLOBAL INTERN. AIRWAYS v. PORT AUTHORITY OF N.Y.

No. 83 Civ. 4023.

564 F.Supp. 795 (1983)

GLOBAL INTERNATIONAL AIRWAYS CORP. and American Trans Air, Inc., Plaintiffs, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, et al., Defendants.

United States District Court, S.D. New York.

June 10, 1983.

Attorney(s) appearing for the Case

Barrett, Smith, Schapiro, Simon & Armstrong, New York City, for plaintiffs; William C. Clarke, Robert C. Macek, New York City, of counsel.

Patrick J. Fadney, Gen. Counsel, The Port Authority of New York and New Jersey, for defendants; Arthur P. Berg, Milton B. Pachter, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for plaintiff-intervenors; Franklin H. Stone, Asst. U.S. Atty., New York City, and Kenneth Weinstein, U.S. Dept. of Transp., Washington, D.C., of counsel.

MILTON POLLACK, District Judge.

DECISION OF THE COURT:

The Port Authority has enacted regulations designed to reduce airplane noise at the airports under its control. One such rule, entitled The 1983 Interim Rule, 520/0-00 applies uniformly to domestic-route and foreign-route carriers who use the Port Authority facilities. It states: "Effective January 1, 1983, the operators of subsonic jet airplanes exceeding 75,000 pounds in maximum certificated takeoff...

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