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BANNER SIGHTSEEING CO. v. WASH. METRO. AREA TRANSIT

Nos. 83-1413, 83-1901.

731 F.2d 993 (1984)

BANNER SIGHTSEEING COMPANY/DAVID E. KLINGAMAN, Petitioner, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION v. David E. KLINGAMAN, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 1984.

Attorney(s) appearing for the Case

Lawrence E. Lindeman, Washington, D.C., for petitioner/appellant. David E. Klingaman was on the brief pro se.

Gregory Paul Barth, Washington, D.C., for respondent/appellee. Joel C. Weingarten, Washington, D.C., also entered an appearance for respondent/appellee.

Before WILKEY, Circuit Judge, McGOWAN, Senior Circuit Judge, and GESELL, United States District Judge for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

The petitioner and appellants in these cases contend that the Washington Metropolitan Area Transit Commission lacked jurisdiction to regulate their activities. The thesis underlying this claim is that the Commission is empowered to regulate only "transportation," and the petitioners' and appellants' primary business is "sightseeing." Although their sightseeing business involves transportation for hire, the petitioner and appellants...

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