CONTINENTAL AIR LINES, INC. v. DEPARTMENT OF TRANSP.

Nos. 86-1026, 86-1039 and 86-1040.

843 F.2d 1444 (1988)

CONTINENTAL AIR LINES, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent, America West Airlines, Inc., Southwest Airlines Co., City of Dallas, Texas, et al., Intervenors. CITY OF DALLAS, TEXAS, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent, America West Airlines, Inc., Southwest Airlines Co., Continental Air Lines, Inc., Intervenors. SOUTHWEST AIRLINES CO., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent, America West Airlines, Inc., Continental Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Reargued March 9, 1988.

Decided April 8, 1988.


Attorney(s) appearing for the Case

Paul Y. Seligson, with whom Paul M. Ruden and Robert W. Kneisley, Washington, D.C., were on the brief, for Southwest Airlines Co., petitioner in No. 86-1040 and intervenor in Nos. 85-1026 and 86-1039.

Michael F. Goldman, with whom Julie A. Swanson, Washington, D.C., was on the brief, for City of Dallas, et al., petitioners in No. 86-1039 and intervenors in Nos. 86-1026.

Ronald A. Stern, Washington, D.C., for Continental Airlines, petitioner in No. 86-1026 and intervenor in Nos. 86-1039 and 86-1040. Thomas D. Goldberg, Andrew T. Karron, Washington, D.C., and Richard B. Hirst were on the brief for Continental Airlines, petitioner in No. 86-1026 and intervenor in Nos. 86-1039 and 86-1040. Calvin J. Collier, Washington, D.C., entered an appearance for Continental Airlines.

Kenneth N. Weinstein, Atty., Dept. of Transp., with whom John J. Powers, III and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondent in Nos. 86-1026, 86-1039 and 86-1040.

John E. Gillick, Washington, D.C., entered an appearance for intervenor, America West Airlines, Inc. in Nos. 86-1026, 86-1039 and 86-1040.

Before STARR, SILBERMAN and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

These consolidated cases raise several issues under a provision of law which has come to be known as the Love Field Amendment. Love Field is an airport situated in Dallas, Texas. Once Dallas' leading airport, Love Field has been eclipsed by the mammoth Dallas/Fort Worth International Airport ("DFW") situated conveniently between the two cities that bear its name. The questions before...

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