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AIR CANADA v. U.S. DEPT. OF TRANSP.

No. 87-1300.

843 F.2d 1483 (1988)

AIR CANADA, Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, American Airlines, Inc., Eastern Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1988.

Attorney(s) appearing for the Case

Robert N. Kharasch for petitioner; Albert F. Grisard, Mark S. Kahan, Susan B. Jollie, and Andrew B. Sacks, Washington, D.C. were on the brief for petitioner.

Kenneth N. Weinstein, Deputy Asst. Gen. Counsel for Litigation, Dept. of Transp., with whom B. Wayne Vance, Gen. Counsel, Dept. of Transp., and John J. Powers, III, and Laura Heiser, Attys., Dept. of Justice, Washington, D.C. were on the brief, for respondent. Thomas L. Ray, Atty., Dept. of Transp., Washington, D.C., also entered an appearance for respondent.

Alfred V.J. Prather, J. William Doolittle, Carl B. Nelson, Jr., Ronald A. Stern, and Robert N. Duggan, Washington, D.C., were on the brief for intervenors.

Before WALD, Chief Judge, and EDWARDS and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Air Canada petitions for review of the United States Department of Transportation's denial of its request for a permanent increase in takeoff and landing rights, or "slots," at New York's LaGuardia Airport. Air Canada argues that the agency erroneously interpreted the Memorandum of Understanding between the United States and Canada that governs the allocation of slots at LaGuardia...

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