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CITY OF ST. LOUIS v. DEPARTMENT OF TRANSP.

Nos. 91-1244, 91-1916.

936 F.2d 1528 (1991)

CITY OF ST. LOUIS, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent; American Airlines, Inc., Intervenor. CITY OF ST. LOUIS; Airline Pilots Association, International; Independent Federation of Flight Attendants; and International Association of Machinists and Aerospace Workers, Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent; American Airlines, Inc., Trans World Airlines, Inc., and USAir, Inc., Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1991.

Rehearing and Rehearing Denied August 27, 1991.

Attorney(s) appearing for the Case

Edward J. Hanlon, St. Louis, Mo., and Susan B. Jollie, Washington, D.C. (argued), Gary Green, Russell Bailey, Jerry Anker, Anita M. Mosner, Allison Beck, Mark Schneider, Washington, D.C. and Julian L. Bush, St. Louis, Mo., on brief, for petitioners.

Paul M. Geier, Washington, D.C., and Joe Sims, Washington, D.C. (argued), James F. Rill, Robert B. Nicholson, David Seidman, Mary B. Reed, Thomas L. Ray, Alexander J. Millard, Washington, D.C., on brief, for appellee.

Richard A. Rothman (argued), Ira M. Millstein and Gloria C. Phares, New York City, and Peter D. Isakoff and Annemargaret Connolly, Washington, D.C., Weil, Gotshal & Manges, on brief, for American Airlines.

Before ARNOLD, JOHN R. GIBSON and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 27, 1991.

ARNOLD, Circuit Judge.

In this case we have before us for review two orders of the Department of Transportation approving the sale of foreign airline routes by Trans World Airlines, Inc. (TWA), to American Airlines, Inc. (American). In No. 91-1244, the order being challenged, Department of Transportation (DOT) Order 91-1-72, was issued in docket number 46752 on January 30, 1991. It approves the transfer...

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