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SKY AD, INC. v. McCLURE

No. 90-56021.

951 F.2d 1146 (1991)

SKY AD, INC., Robert Cannon, Plaintiffs-Appellants, v. Homer C. McCLURE, Jacqueline Smith, Merle Clure, John Mayhoffer, James A. Holweger, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 24, 1991.

Attorney(s) appearing for the Case

Scott D. Raphael, Fenigstein & Kaufman, Los Angeles, Cal., for plaintiffs-appellants.

James R. Sullivan, Asst. U.S. Atty., Civil Div., Los Angeles, Cal., for defendants-appellees.

Before NORRIS and THOMPSON, Circuit Judges, and KING, District Judge.

NORRIS, Circuit Judge:

This action arises out of an FAA rule banning fixed wing aircraft from the air route along the portion of California coast from Northern San Diego County to Ventura County known as the "shoreline transition." In Southern California Aerial Advertisers' Ass'n v. FAA, ("SCAA"), 881 F.2d 672, 678 (9th Cir.1989), we held that the ban was a substantive rule and that it was invalid because it was not promulgated...

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