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EASTERN AIR LINES, INC. v. F.A.A.

Nos. 84-5790, 84-5927.

772 F.2d 1508 (1985)

EASTERN AIR LINES, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. EASTERN AIR LINES, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Midway Airlines, Intervenor.

United States Court of Appeals, Eleventh Circuit.

October 7, 1985.

Attorney(s) appearing for the Case

Charles L. Schlumberger, U.S. Dept. of Justice, Civ. Div., Kenneth N. Weinstein, U.S. Dept. of Transp., Richard M. Lorr, Washington, D.C., for FAA.

Mary Kogut-Equels, Richard P. Magurno, Miami, Fla., for Eastern.

Joel S. Burton, James Hamilton, Charles L. Schlumberger, U.S. Dept. of Justice, Kenneth N. Weinstein, U.S. Dept. of Transp., Washington, D.C., for intervenor-Midway Airlines.

Before JOHNSON and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

JOHNSON, Circuit Judge:

This is a consolidated action in which Eastern Air Lines challenges two orders by the Federal Aviation Administration (FAA): (1) the agency's July 1984 refusal to authorize the purchase by Eastern of certain Air Florida take-off and landing "slots" at LaGuardia and National Airports; and (2) its September 1984 approval of the transfer of these same slots to Midway Airlines as purchaser of and successor to the bankrupt Air Florida carrier. This...

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