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CITY OF ALEXANDRIA v. HELMS

Nos. 83-1944, 83-1976.

728 F.2d 643 (1984)

CITY OF ALEXANDRIA, a municipal corporation of Virginia, City Council of Alexandria, a body political of Virginia, Appellees, v. J. Lynn HELMS, Administrator, Federal Aviation Administration; James H. Wilding, Director, Metropolitan Washington Airports, Federal Aviation Administration; Federal Aviation Administration, Appellants. CITY OF ALEXANDRIA and the County Arlington, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

J. Carol Williams, Dept. of Justice, Washington, D.C. (Kenneth Weinstein, Dept. of Transp., Edward S. Faggen, Metropolitan Washington Airports, Federal Aviation Admin., F. Henry Habicht, II, Acting Asst. Atty. Gen., Gary B. Randall, Peter R. Steenland, Jr., Dept. of Justice, Washington, D.C., on brief), for appellants.

Abbe David Lowell, Washington, D.C. (Brand, Lowell, Nickerson & Dole, Washington, D.C., on brief), and Charles G. Flinn, County Atty., to the County Bd. of Arlington, Arlington, Va. (Cyril D. Calley, City Atty., for the City of Alexandria, Alexandria, Va., Eugene Gressman, Univ. of North Carolina School of Law, Chapel Hill, N.C., on brief), for appellees.

Before WINTER, Chief Judge, and PHILLIPS and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

In this consolidated case, the Federal Aviation Administration (FAA) appeals from a preliminary injunction entered by the United States District Court for the Eastern District of Virginia preventing the FAA from conducting flight pattern tests for flights departing Washington's National Airport. Additionally, the City of Alexandria and County Board of Arlington County petition for review of the FAA order to implement the flight pattern tests...

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