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NORTHWEST AIRLINES, INC. v. COUNTY OF KENT, MICH.

Nos. 90-1811, 90-2117.

955 F.2d 1054 (1992)

NORTHWEST AIRLINES, INC.; Simmons Airlines, Inc.; Piedmont Aviation, Inc.; Comair, Inc.; Midway Airlines, Inc.; USAir, Inc.; American Airlines, Inc.; and United Airlines, Inc., Plaintiffs-Appellants, v. COUNTY OF KENT, MICHIGAN; the Kent County Board of Aeronautics; and the Kent County Department of Aeronautics, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1992.

Rehearing Denied April 16, 1992.

Dissent from Denial of Rehearing Filed May 7, 1992.

Attorney(s) appearing for the Case

Douglas E. Wagner, Christopher C. Williams, Mark S. Bransdorfer (briefed), Warner, Norcross & Judd, Grand Rapids, Mich., Walter A. Smith, Jr. (argued), Hogan & Hartson, Washington, D.C., Malcolm C. Mallette (briefed), James G. McIntire, Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., for plaintiffs-appellants.

Richard A. Kay, Mark S. Allard (briefed), Varnum, Riddering, Schmidt & Howlett, W. Fred Hunting, Jr. (argued), briefed, Robert A. Buchanan, Law, Weathers & Richardson, Grand Rapids, Mich., for defendants-appellees.

Before KENNEDY and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

Rehearing En Banc Denied April 16, 1992.

Dissent from Denial of Rehearing En Banc Filed May 7, 1992.

KENNEDY, Circuit Judge.

Northwest, Simmons, Piedmont Aviation, Comair, Midway, USAir, American and United Airlines dispute the landing fees, terminal building rental rates, carrying charges, and crash/fire/rescue charges assessed them at the Kent County International Airport serving Grand Rapids, Michigan. The Airlines also argue that surplus revenue...

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