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CHEMUNG COUNTY v. DOLE

Nos. 211, 210, Dockets 86-6135, 86-6155.

804 F.2d 216 (1986)

CHEMUNG COUNTY, Plaintiff-Appellee, v. Elizabeth H. DOLE, Secretary of Transportation, Department of Transportation; Donald D. Engen, Administrator, Federal Aviation Administration; A.P. Bona, Jr., Facility Project Officer, FAA Automated Flight Service Station; Federal Aviation Administration; and Department of Transportation, Defendants-Appellants, and Niagara Frontier Transportation Authority, Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 28, 1986.

Attorney(s) appearing for the Case

John F. O'Mara, Elmira, N.Y. (Davidson & O'Mara, P.C., Elmira, N.Y., of counsel), for plaintiff-appellee.

Patricia A. McNall, Federal Aviation Admin., Washington, D.C. (Theron A. Gray, Asst. Chief Counsel, Lawrence A. Brock, Manager, Acquisition Policy and Commercial Law, Federal Aviation Admin., Washington, D.C. and U.S. Dept. of Justice, Washington, D.C., Susan Sleater, Leonard Schaitman, Appellate Div., U.S. Dept. of Justice, Washington, D.C., of counsel), for defendants-appellants.

Gary F. Kotaska, Buffalo, N.Y. (Moot & Sprague, Buffalo, N.Y., Richard F. Griffin, Michael A. Brady, Allithea E. Lango and Dominic J. Terranova, General Counsel, of counsel), for intervenor-defendant-appellant.

Before LUMBARD, OAKES, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

This dispute, before us for the second time, involves two New York counties seeking to be designated as the site of a new Federal Aviation Administration (FAA) facility. The controversy grew out of the FAA's announcement, after a lengthy bidding process, that an Automated Flight Service Station (AFSS) would be located in Buffalo and built by the Niagara Frontier Transportation Authority (NFTA).

Following the FAA's May 29, 1985 announcement...

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