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USAIR, INC. v. DEPARTMENT OF TRANSP.

Nos. 91-1252, 91-1265.

969 F.2d 1256 (1992)

USAIR, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent, American Airlines, Inc., Georgia and Atlanta Parties, Delta Air Lines, Inc., Intervenors. COUNTY OF ALLEGHENY, PENNSYLVANIA, and Greater Pittsburgh International Airport, Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent, American Airlines, Inc., Georgia and Atlanta Parties, Delta Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1992.

Attorney(s) appearing for the Case

Judith Richards Hope, with whom Mark L. Gerchick, Randall M. Stone, and James T. Lloyd, for USAir, Inc., Bruce D. Ryan, Washington, D.C., and Joseph E. Schmitz, Washington, D.C., for County of Allegheny, Pa., and the Greater Pittsburgh International Airport, were on the joint brief, for petitioners in both cases.

Thomas L. Ray, Senior Trial Atty., with whom Paul M. Geier, Asst. Gen. Counsel, and Alexander J. Millard, Trial Atty., Dept. of Transp., and James F. Rill, Asst. Atty. Gen., John J. Powers, III and David Seidman, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondent in both cases.

Carl B. Nelson, Jr. for American Airlines, Inc., Bill Alberger for Georgia and Atlanta Parties, and Robert E. Cohn, Nathaniel P. Breed, Jr., Washington, D.C., and Don M. Adams, Atlanta, Ga., for Delta Air Lines, Inc., were on the joint brief for intervenors in both cases.

Before: SILBERMAN, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

USAir and parties representing the Pittsburgh community and airport petition for review of a Department of Transportation (DOT) award of an international air route between Manchester, England, and a "gateway" city in the United States. The Department granted the route to Delta, flying out of Atlanta, rather than USAir, which proposed operations from Pittsburgh. Petitioners claim...

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