AIR CANADA, et al., Petitioners,
v.
DEPARTMENT OF TRANSPORTATION and Rodney E. Slater, Secretary of Transportation, Respondents,
Dade County, Florida and American Airlines, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 13, 1998.
Decided July 31, 1998.
As Amended September 24, 1998.
Attorney(s) appearing for the Case
Stephen M. Shapiro argued the cause for petitioners, with whom Kenneth S. Geller, Roy T. Englert, Jr., Timothy S. Bishop, Joel Stephen Burton, Stephen P. Sawyer, Mary McGuire Voog and Lawrence M. Nagin were on the briefs.
Thomas L. Ray, Senior Trial Attorney, U.S. Department of Transportation, argued the cause for respondents, with whom Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Marion L. Jetton, Attorneys, Nancy E. McFadden, General Counsel, U.S. Department of Transportation, and Paul M. Geier, Assistant General Counsel, were on the brief.
Alvin B. Davis, William K. Hill, James H. Burnley, IV, and John R. Keys, Jr. were on the brief for intervenor American Airlines, Inc. Karen L. Grubber entered an appearance.
Thomas R. Devine, Charles A. Spitulnik, Michael M. Conway, Ross E. Kimbarovsky and Thomas P. Abbott and Gail P. Fels, Assistant County Attorneys, Dade County, Florida, were on the brief for intervenor Dade County Florida.
Scott P. Lewis and Kenneth W. Salinger were on the brief for amicus curiae Airports Council International — North America. Patricia A. Hahn entered an appearance.
Before: HENDERSON, ROGERS and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
ROGERS, Circuit Judge:
Six airlines ("Carriers") petition for review of two Department of Transportation ("Department" or "DOT") orders1 investigating and approving the fees charged by Dade County, Florida, at Miami International Airport ("MIA").2 The essential dispute focuses on the reasonableness of fees that the County increased to cover the cost of MIA renovations...
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