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PIROLO v. CITY OF CLEARWATER

No. 82-5322.

711 F.2d 1006 (1983)

Charles A. PIROLO, individually, and d/b/a Suncoast Equipment Leasing, Suncoast Pilots Club, Inc., and Clearwater Aircraft, Inc., Plaintiffs-Appellants, Cross-Appellees, v. CITY OF CLEARWATER, a Florida Municipal Corporation; Charles F. LeCher, Mayor-Commissioner, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied November 4, 1983.

Attorney(s) appearing for the Case

Evans W. North, Washington, D.C., John N. Samaha, St. Petersburg, Fla., for plaintiffs-appellants, cross-appellees.

Thomas A. Bustin, City Atty., F. Wallace Pope, Jr., Elizabeth J. Daniels, Clearwater, Fla., for defendants-appellees, cross-appellants.

Before RONEY and CLARK, Circuit Judges, and GIBSON, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 4, 1983.

FLOYD R. GIBSON, Senior Circuit Judge:

This appeal involves the constitutionality of two airport regulation ordinances enacted by the City of Clearwater and a claim for damages brought by the airport's operator. The district court ruled that the ordinances — one prohibiting night operations and the other prescribing air traffic patterns — were preempted by federal regulations and therefore...

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