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KNIPE v. SKINNER

No. 1300, Docket 92-6293.

999 F.2d 708 (1993)

Richard X. KNIPE; Glenn A. Valentine; Bernard C. Ford, Plaintiffs-Appellants, v. Samuel K. SKINNER, Secretary, Department of Transportation; James B. Busey, IV, Administrator, FAA; C. Dean McGrath, Jr., Acting General Counsel, Department of Transportation; Neil R. Eisner, Assistant General Counsel, Department of Transportation; Kenneth P. Quinn, Chief Counsel, FAA; Gregory S. Walden, Former Chief Counsel, FAA; Daniel D. Campbell, General Counsel, National Transportation Safety Board; John M. Stuhldreher, Former General Counsel, National Transportation Safety Board; John H. Cassady, Deputy Chief Counsel, FAA; Donald P. Byrne, Assistant Chief Counsel, FAA; Peter J. Lynch, Lawyer, FAA; Mardi R. Thompson, Lawyer, FAA; Karen R. Bury, Lawyer, FAA; Joseph A. Conte, Lawyer, FAA; Harry S. Gold, Lawyer, FAA; Loretta E. Alkalay, Assistant Chief Counsel, FAA; Randy E. Hyman, Lawyer, FAA; Brunhilda Sanders-Lane, Lawyer, FAA; Daniel J. Peterson, Regional Director, FAA; Thomas Accardi, Official, FAA; Nicholas A. Sabatini, Official, FAA; Charles G. O'Neill, Official, FAA; Roy E. Johnsen, Former Official, FAA; Marinus "Rene" Koch, Inspector, FAA; Robert E. Martin, Official, FAA; George Murgitroyde, Official, FAA; Marc Pandeloglou, Official, FAA; Robert D. Murchland, Inspector, FAA; Edward Harahush, Inspector, FAA, Defendants-Appellees, Lawrence B. Smith, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 30, 1993.

Attorney(s) appearing for the Case

Lawrence B. Smith, Tucson, AZ, for plaintiffs-appellants.

Michael S. Raab, Appellate Staff Civ. Div., Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., Gary L. Sharpe, U.S. Atty. N.D.N.Y., Barbara L. Herwig, Appellate Staff Civ. Div., Dept. of Justice, Washington, DC, of counsel), for defendants-appellees.

Before: VAN GRAAFEILAND and WINTER, Circuit Judges, and SPRIZZO, District Judge.

WINTER, Circuit Judge:

Richard X. Knipe, Glenn A. Valentine, and Bernard C. Ford appeal from Judge McAvoy's order dismissing their complaint. We affirm. Counsel for appellants is ordered to show cause why he should not pay double costs and fees pursuant to Fed.R.App.P. 38 for bringing a frivolous appeal.

Knipe was owner and operator of Mall Airways, Inc., a commuter airline based in Albany, New York. Valentine and Ford were managers of the airline. During...

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