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WESTERN AIR LINES v. PORT AUTH. OF N.Y. & N.J.

No. 829, Docket 86-7859.

817 F.2d 222 (1987)

WESTERN AIR LINES, INC., Plaintiff-Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 22, 1987.

Attorney(s) appearing for the Case

Allyn O. Kreps, Los Angeles, Cal. (Jones, Day, Reavis & Pogue, William T. Drescher, Robert DeBerardine, Robert Layton, Thomas L. Abrams, Jones, Day, Reavis & Pogue, New York City, of counsel), for plaintiff-appellant.

Arthur P. Berg, Atty., The Port Authority of New York and New Jersey, for defendant-appellee.

Before FEINBERG, Chief Judge, TIMBERS and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

Western Air Lines, Inc. (Western) appeals from a judgment of the United States District Court for the Southern District of New York, after a bench trial before John M. Cannella, J., that dismissed its complaint seeking an injunction. 658 F.Supp. 952 (S.D.N.Y.1986). Western argues that a "perimeter rule," promulgated by the Port Authority of New York and New Jersey (the Authority), is preempted by a provision...

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