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ATX, INC. v. U.S. DEPT. OF TRANSP.

No. 94-1302.

41 F.3d 1522 (1994)

ATX, INC., Petitioner, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent. International Association of Machinists and Aerospace Workers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1994.

Attorney(s) appearing for the Case

Philip Allen Lacovara, Washington, DC, argued the cause for the petitioner. On brief were John J. Sullivan, Robert M. Beckman and David M. Kirstein, Washington, DC.

Thomas L. Ray, Atty., Dept. of Transp., Washington, DC, argued the cause for respondent. On brief were Paul M. Geier, Asst. Gen. Counsel, and Dale C. Andrews, Deputy Asst. Gen. Counsel, Dept. of Transp., and Anne K. Bingaman, Asst. Atty. Gen., and John J. Powers, III, Robert B. Nicholson and James Lowe, Attys., Dept. of Justice, Washington, DC.

On brief for the intervenors were Joseph Guerrieri, Jr., Robert S. Clayman, Gary Green, R. Russell Bailey, Jerry Anker and Clay Warner, Washington, DC.

Before WALD, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

ATX, Inc. (ATX) petitions for review of a Department of Transportation (Department or DOT) order denying its application to operate a new airline in Boston, Atlanta and Baltimore/Washington. The Department found ATX unfit in light of evidence manifesting a number of regulatory deficiencies at airlines previously...

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