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AMERICAN AIRLINES, INC. v. AUSTIN

No. 95-1218.

75 F.3d 1535 (1996)

AMERICAN AIRLINES, INC., Alaska Airlines, Inc., Continental Airlines Corporation, Inc., Delta Airlines, Inc., Eastern Airlines, Inc., Northwest Airlines, Pan American World Airways, Inc., United Airlines, and USAir, Inc., Plaintiffs-Appellants, v. Richard G. AUSTIN, Administrator, General Services Administration, General Services Administration and the United States, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 24, 1996.

Attorney(s) appearing for the Case

L. Dale Owens, Booth, Wade & Campbell, Atlanta, Georgia, argued for plaintiffs-appellants. With him on the brief were Gordon Dean Booth, Jr. and Steven W. Hardy. Of counsel was Scott A. Wharton.

Freddi Lipstein, Attorney, Department of Justice, Washington, D.C., argued for defendants-appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney and Douglas B. Jordan, Attorney. Of counsel was William Kanter.

Before MAYER, Circuit Judge, SKELTON, Senior Circuit Judge, and BRYSON, Circuit Judge.

Opinion for the court filed by Circuit Judge MAYER. Dissenting opinion filed by Circuit Judge BRYSON.

MAYER, Circuit Judge.

The airlines appeal the judgment and order of the United States District Court for the District of Columbia holding that government transportation regulations, not the conditions and terms on airline tickets, govern unused ticket refund procedures. American Airlines, Inc. v. Austin,

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