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COMMANDER PROPERTIES, INC. v. F.A.A.

No. 92-1235.

11 F.3d 204 (1993)

COMMANDER PROPERTIES, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Beech Aircraft Corporation and Raytheon Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1993.

As Amended January 25, 1994.

Attorney(s) appearing for the Case

Linda H. Joseph, Buffalo, NY, argued the cause and filed the briefs for petitioner.

Wilton J. Smith, Atty., F.A.A., Washington, DC, argued the cause for respondent. With him on the brief was Allan H. Horowitz, Manager, F.A.A., Washington, DC.

Joseph E. Schmitz, Washington, DC, argued the cause for intervenors. With him on the brief were Judith Richards Hope, Washington, DC, Robert Martin and Terry L. Malone, Wichita, KS.

Before: BUCKLEY and RANDOLPH, Circuit Judges, and LEVIN H. CAMPBELL, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Commander Properties, Inc. brings this petition for review of the Federal Aviation Administration's final order dismissing its complaint. The tangled procedural setting of the case is unnecessary to describe in great detail. Commander's journey to the FAA began in the United States District Court for the District of Kansas. Commander had filed a class action against Beech Aircraft...

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