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AIR TRANSPORT ASS'N OF AMERICA v. C.A.B.

No. 83-1174.

732 F.2d 219 (1984)

AIR TRANSPORT ASSOCIATION OF AMERICA, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1984.

Attorney(s) appearing for the Case

Harper B. Atherton, with whom David R. Murchison, Washington, D.C., was on the brief, for petitioner.

David Schaffer, Atty., C.A.B., Washington, D.C., with whom Ivars V. Mellups, Acting Gen. Counsel, and Thomas L. Ray, Asst. Gen. Counsel, C.A.B., and John P. Powers, III, and Frederic Freilicher, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Before TAMM and SCALIA, Circuit Judges, and LUTHER M. SWYGERT, Senior Circuit Judge for the Seventh Circuit.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Petitioner, Air Transport Association of America, seeks review of Civil Aeronautics Board (Board) order OR-204, 48 Fed.Reg. 635 (1983).1 The order revised the Board's filing fee schedule and adopted a refund policy for excess fees collected after 1977. Petitioner challenges the order on procedural and substantive grounds. Although the Board's order is procedurally...

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