STATE OF KAN. v. U.S.

No. 92-5259.

16 F.3d 436 (1994)

STATE of Kansas, et al., Appellants, v. UNITED STATES of America, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1994.


Attorney(s) appearing for the Case

John W. Campbell, Deputy Attorney General for the State of Kansas, Topeka, KS, argued the cause for appellants, State of Kansas, et al. With him on the joint brief was Robert T. Stephan, Attorney General of the State of Kansas, Topeka, KS.

David J. Gallo, Special Assistant Attorney General of the State of Kansas, Topeka, KS, argued the cause for appellants, Wichita Airport Authority, et al.

Thomas Ray, Sr. Trial Atty., U.S. Dept. of Transp., Washington, DC, argued the cause, for appellees, U.S., et al. With him on the brief were Eric H. Holder, Jr., U.S. Atty., John D. Bates, R. Craig Lawrence, and John C. Martin, Assistant United States Attorneys, and Paul M. Geier, Asst. Gen. Counsel, U.S. Dept. of Transp., Washington, DC.

James T. Lenhart, Washington, DC, Attorney, argued the cause for appellee, Dallas-Fort Worth International Airport Board. With him on the brief were J.E. Murdock, III, Washington, DC, and W. Eric Pilsk, McLean, VA. Wanda G. Sobieski, Knoxville, TN, entered an appearance.

Richard A. Rothman, New York City, Attorney, argued the cause for appellee, American Airlines, Inc. With him on the brief were Mike McKool, Jr., Richard A. Lempert, Jeffrey R. Bragalone, Dallas, TX, David A. Schwarte, Fort Worth, TX, and Holly J. Gregory, New York City. Eric W. Buether, Dallas, TX, entered an appearance.

Before: EDWARDS and SILBERMAN, Circuit Judges, and JAMES L. OAKES, Senior Circuit Judge, United States Court of Appeals for the Second Circuit.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellants, who have brought a three-pronged constitutional challenge to the Wright Amendment, claiming that it violates the Port Preference Clause and the First Amendment, and interferes with their right to interstate travel, appeal the district court's grant of summary judgment on behalf of the government. We affirm.

I.

The Wright Amendment, section 29 of...

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