MIDWAY AIRLINES v. COUNTY OF WESTCHESTER, N.Y.

No. 84 Civ. 2229.

584 F.Supp. 436 (1984)

MIDWAY AIRLINES, INC., Plaintiff, United States of America, Elizabeth Hanford Dole, Secretary of Transportation, and Michael J. Fenello, Deputy Administrator of the Federal Aviation Administration, Plaintiffs-Intervenors, v. COUNTY OF WESTCHESTER, NEW YORK, Andrew P. O'Rourke, County Executive, and Westchester County Board of Legislators, Defendants.

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

April 19, 1984.


Attorney(s) appearing for the Case

David B. Armstrong, Chicago, Ill., Joel Stephen Burton, Robert L. Deitz, Alfred J. Eichenlaub, Ginsburg, Feldman & Bress, Chartered, Washington, D.C., Richard P. Caro, Schlam, Stone, Caro & Dolan, New York City, for plaintiff.

Nancy Kilson, Asst. U.S. Atty., Kenneth N. Weinstein, Deputy Asst. Gen. Counsel for Litigation, U.S. Dept. of Transp., Washington, D.C., for plaintiffs-intervenors.

Henry J. Logan, Westchester County Atty., Marilyn J. Slaatten, Deputy County Atty., Lesley F. Levine, Sr. Asst. County Atty., Andrea L. McArdle, Asst. County Atty., Brian J. Powers, Asst. County Atty., White Plains, N.Y., for defendants; Samuel S. Yasgur, White Plains, N.Y., of counsel.


EDWARD WEINFELD, District Judge.

This is another lawsuit involving the Westchester County Airport.1 The issue now before this Court is a motion by plaintiff, Midway Airlines, Inc. ("Midway"), for a forthwith mandatory injunction that would require the County of Westchester ("the County"), Westchester County Executive Andrew P. O'Rourke ("O'Rourke"), and the Westchester County Board of Legislators ("the County Board"), the defendants herein...

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