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UNITED STATES v. EASTERN AIR LINES, INC.

No. 85-5808.

792 F.2d 1560 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. EASTERN AIR LINES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended August 25, 1986.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Jonathan Goodman, Asst. U.S. Atty., Miami, Fla., Anthony J. Steinmeyer, Appellate Staff, Michael Kimmel, Civil Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Mary Kogut-Equels, Carmen L. Leon, Miami, Fla., for defendant-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this case, the district court granted summary judgment to Eastern Air Lines, Inc., ruling that the Federal Aviation Administration's oral directive to air carriers to physically inspect all bottles revealed by x-ray equipment in carry-on baggage constituted an unauthorized amendment to controlling regulations. We reverse.

FACTS

In 1983, after a series of aircraft hijackings in southern Florida, the Federal Aviation Administration...

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