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DELTA AIR LINES, INC. v. DEPARTMENT OF TRANSP.

No. 94-1011.

51 F.3d 1065 (1995)

DELTA AIR LINES, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent. American Airlines, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1995.

Attorney(s) appearing for the Case

Charles J. Cooper argued the cause, for petitioner. With him on the briefs was Robert E. Cohn. Jonathan T. Cain entered an appearance.

Dale C. Andrews, Deputy Asst. Gen. Counsel, U.S. Dept. of Transp., argued the cause, for respondent. With him on the brief were Paul M. Geier, Asst. Gen. Counsel, Thomas L. Ray and Peter J. Plocki, Attys. U.S. Dept. of Transp.; Anne K. Bingaman, Asst. Atty. Gen., John J. Powers, III and Marion L. Jetton, Attys., U.S. Dept. of Justice.

On the joint brief for intervenors were Carl B. Nelson, Jr., for American Airlines, Inc., Theodore I. Seamon, for Raleigh-Durham Parties, and Robert W. Kneisley, for Metropolitan Nashville Airport Authority.

Nathaniel P. Breed, Jr., Jonathan T. Cain, and Robert E. Cohn entered appearances, for intervenors Salt Lake City Corp., et al.

Before EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

The principal issue presented in this petition for review is whether the Department of Transportation failed to comply with its own regulations by not using insulated procedures in awarding two air carrier routes between the United States and London, England. American Airlines and Delta Air Lines sought certificates of public convenience and necessity from the Department for these routes: American requested both routes, proposing service from...

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