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NATIONAL HELICOPTER CORP. v. CITY OF NEW YORK

Dockets 97-7082, 97-7142.

137 F.3d 81 (1998)

NATIONAL HELICOPTER CORP. OF AMERICA, Plaintiff-Appellee-Cross-Appellant, v. The CITY OF NEW YORK; The Council of the City of New York; The City Planning Commission of the City of New York; The New York City Economic Development Corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 17, 1998.

Attorney(s) appearing for the Case

Ellen S. Ravitch, New York City (Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, Stephen J. McGrath, Deborah Rand, New York City, of counsel), for Defendants-Appellants-Cross-Appellees.

Donald W. Stever, New York City (Janis M. Meyer, Clarke Bruno, Daniel Altman, Dewey Ballantine, New York City, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Steven A. Mirmina, Washington, DC (Timothy M. Biddle, Lorraine B. Halloway, Crowell & Moring LLP, Washington, DC, of counsel), filed a brief for Amicus Curiae Helicopter Association International in support of Plaintiff-Appellee-Cross-Appellant.

Before: WINTER, Chief Judge, NEWMAN, and CARDAMONE, Circuit Judges.

Judge NEWMAN concurs in part and dissents in part in a separate opinion.

CARDAMONE, Circuit Judge:

This case concerns Manhattan's East 34th Street Heliport (Heliport or facility). In May 1996 New York City's Economic Development Corporation (Economic Development Corporation or Corporation), the agency responsible for administering the City's heliports, issued a Request for Proposals (Request) seeking a new fixed-base operator for the Heliport. The Request...

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