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MOTOR COACH INDUSTRIES, INC. v. DOLE

Nos. 83-1652(L), 83-1831 and 83-1832.

725 F.2d 958 (1984)

MOTOR COACH INDUSTRIES, INC., Hausman Bus Sales & Parts Co., Appellees, v. Elizabeth DOLE, Secretary of Department of Transportation, J. Lynn Helms, Administrator of Federal Aviation, First & Merchants National Bank, Defendants, and Eagle International Inc., American Coach Sales, Inc., Appellants. MOTOR COACH INDUSTRIES, INC.; Hausman Bus Sales & Parts Co.; Appellees, v. Elizabeth DOLE, Secretary of Department of Transportation; J. Lynn Helms, Administrator of Federal Aviation; Appellants, and First Merchants National Bank; Eagle International Inc.; American Coach Sales, Inc.; Defendants. MOTOR COACH INDUSTRIES, INC.; Hausman Bus Sales & Parts Co.; Appellees, v. FIRST & MERCHANTS NATIONAL BANK, Appellant, and Elizabeth Dole, Secretary of Department of Transportation; J. Lynn Helms, Administrator of Federal Aviation; Eagle International, Inc.; American Coach Sales, Inc.; Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1984.

Attorney(s) appearing for the Case

Loren Kieve, Washington, D.C. (Gary C. Tepper, Steptoe & Johnson Chartered, Washington, D.C., J. Robert Brame, III, Roger W. Frydrychowski, McGuire, Woods & Battle, Richmond, Va., Elsie L. Munsell, U.S. Atty., Paula P. Newett, Asst. U.S. Atty., Alexandria, Va., on brief), for appellants.

George F. West, Jr., Alexandria, Va. (Murphy, McGettigan & West, P.C., Alexandria, Va., on brief), for appellees.

Before RUSSELL, SPROUSE and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

This appeal arises out of an attempt by the Federal Aviation Administration (FAA) to channel funds to the Air Carriers Trust Fund (Trust) in order to purchase ground transport buses for Dulles International Airport.1 Eagle International (Eagle) and Motor Coach Industries (MCI), the two principal bus manufacturers in the United States, competed for the contract to supply the vehicles, with Eagle ultimately receiving...

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