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BOARD OF COUNTY COM'RS OF COUNTY OF ADAMS v. ISAAC

No. 93-9505.

18 F.3d 1492 (1994)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS; Front Range Airport Authority; Lloyd Equities, doing business as Centerport International, Inc.; and United Parcel Service, Inc., Petitioners, v. Frederick M. ISAAC, Regional Administrator, Northwest Mountain Region, Federal Aviation Administration; Federal Aviation Administration, an agency of the United States; Administrator, Federal Aviation Administration; Secretary, United States Department of Transportation; and Department of Transportation, an agency of the United States, Respondents.

United States Court of Appeals, Tenth Circuit.

March 16, 1994.

Attorney(s) appearing for the Case

David H. Wollins (Michael A. Zahorik, McGeady Weston Sisneros & Wollins, Denver, CO; and Robert J. Loew, Adams County Atty., Brighton, CO, with him on the briefs), McGeady Weston Sisneros & Wollins, Denver, CO, for petitioners.

Peter R. Steenland, Jr. (Myles, E. Flint, Acting Asst. Atty. Gen., and Andrea Nervi Ward, Dept. of Justice; Daphne A. Fuller, Office of Chief Counsel, Federal Aviation Admin., and Karl B. Lewis, Office of Asst. Chief Counsel, FAA Northwest Mountain Region, with him on the briefs), Dept. of Justice, Washington, DC, for respondents.

Before MOORE, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and COOK, Senior District Judge.

JOHN P. MOORE, Circuit Judge.

This petition for review centers on whether the Federal Aviation Administration acted arbitrarily and capriciously in reversing a decision to approve and partially fund the construction of facilities for a major air cargo hub at the Front Range Airport, a general aviation facility in the Denver metropolitan area. Upon review, we conclude substantial evidence supports the agency's determination, and the FAA did not act as accused. We therefore...

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