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STATE OF N.Y. v. F.A.A.

Cal. No. 1538, Docket 83-4083.

712 F.2d 806 (1983)

The STATE OF NEW YORK; and James L. Larocca, Commissioner of the Department of Transportation of the State of New York, Petitioners, v. The FEDERAL AVIATION ADMINISTRATION, Respondent. UNITED STATES of America, Plaintiff-Appellee. and Beechcraft East, Inc., Intervenor-Plaintiff, v. THE STATE OF NEW YORK; and William Hennessey, as Commissioner of the Department of Transportation of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 22, 1983.

Attorney(s) appearing for the Case

Barrie L. Goldstein, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, Melvyn R. Leventhal, Deputy First Asst. Atty. Gen. and Judith A. Gordon, Asst. Atty. Gen., New York City, of counsel), for petitioners and defendants-appellants.

Eugene A. Beatty, Atty., Dept. of Justice, Civ. Div., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., David J. Anderson and R. John Seibert, Attys., Dept. of Justice, Civ. Div., Washington, D.C., on the brief, and Kenneth N. Weinstein, U.S. Dept. of Transp. and Leonard A. Ceruzzi, F.A.A., Washington, D.C., of counsel), for respondent and plaintiff-appellee.

Before VAN GRAAFEILAND, PIERCE and WISDOM, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Between 1971 and 1982, the United States conveyed approximately 97 acres of land and made nine financial grants totalling almost $7 million to the Metropolitan Transit Authority (MTA), a New York State public benefit corporation and the owner of Republic Airport in Suffolk County, New York. See United States v. State of New York, 552 F.Supp. 255...

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