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MILLARD REFRIGERATED SERVICES, INC. v. F.A.A.

No. 95-1535.

98 F.3d 1361 (1996)

MILLARD REFRIGERATED SERVICES, INC., Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent, Omaha Airport Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

Andrew R. Plump, Washington, DC, argued the cause for petitioner.

Marc P. Richman, Attorney, United States Department of Justice, Washington, DC, argued the cause for respondent. Frank W. Hunger, Assistant Attorney General, and Anthony J. Steinmeyer, Attorney, United States Department of Justice, Washington, DC, were on brief.

Terrence D. O'Hare, Omaha, NE, argued the cause for intervenor. Charles A. Spitulnik, Washington, DC, was on brief.

Patricia A. Hahn, was on brief for amicus curiae Airports Council International-North America.

Ronald D. Golden, Frederick, MD, and Herbert A. Rosenthal, Washington, DC, were on brief for amici curiae Aircraft Owners and Pilots Association and National Business Aircraft Association.

Before: EDWARDS, Chief Judge, WALD and HENDERSON, Circuit Judges.

Opinion for the court filed by HENDERSON, Circuit Judge,

KAREN LeCRAFT HENDERSON, Circuit Judge:

Millard Refrigerated Services, Inc. ("MRS") petitions for review of the dismissal by the Federal Aviation Administration ("FAA") of its complaint against the Omaha Airport Authority ("OAA"). MRS made a number of charges against the OAA in connection with the OAA's decision to bar heavy aircraft, including MRS's corporate jet, from using Millard Airport, located...

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