AEROLINEAS ARGENTINAS v. U.S.

Nos. 94-5076, 94-5077.

77 F.3d 1564 (1996)

AEROLINEAS ARGENTINAS, Plaintiff-Appellant, and Pakistan International Airlines, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 28, 1996.


Attorney(s) appearing for the Case

Jay Henry Levine, Bigham Englar Jones & Houston, of New York City, argued for plaintiff-appellant, Aerolineas Argentinas. Mumtaz H. Alvi, Las Offices Muntaz H. Alvi, of New York City, and Elan Gerstmann, of New York City, were on the brief, for plaintiff-appellant, Pakistan International Airlines.

Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Jeanne E. Davidson, Assistant Director. Also on the brief was Ian G. Hinds, Assistant General Counsel, Immigration & Naturalization Service, of counsel.

Before NEWMAN, Circuit Judge, NIES, Senior Circuit Judge, and MAYER, Circuit Judge.


Opinion for the court filed by Circuit Judge NEWMAN. Separate opinion, concurring, filed by Senior Circuit Judge NIES.

PAULINE NEWMAN, Circuit Judge.

Aerolineas Argentinas (Aerolineas) and Pakistan International Airlines (PIA) each filed suit in the Court of Federal Claims to recover money that the Immigration and Naturalization Service (Service or INS) required the airlines to pay to house, sustain, and guard aliens who, having arrived in the United States...

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