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CITY OF NEW YORK v. SLATER

No. 97-4358.

145 F.3d 568 (1998)

CITY OF NEW YORK, Petitioner, v. Rodney E. SLATER, Secretary of Transportation, Charles A. Hunnicutt, Assistant Secretary for Aviation and International Affairs, Federal Aviation Administration, U.S. Department of Transportation, Frontier Airlines, Inc., ValuJet Airlines, Inc., and AirTran Airways, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided July 6, 1998.

Attorney(s) appearing for the Case

William A. Walker, New York City (Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, Michael D. Hess, Corporation Counsel of the City of New York, Susan E. Amron, New York City, of counsel, on the brief), for Petitioner.

Stanley N. Alpert, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Deborah B. Zwany, Assistant United States Attorney, Brooklyn, NY, on the brief), for Respondents Slater, Hunnicutt, Federal Aviation Administration, and United States Department of Transportation.

Edward P. Faberman, Washington, DC (Paul A. Olsen, Ungaretti & Harris, Washington, DC, on the brief), for Respondent Frontier Airlines, Inc.

Before: VAN GRAAFEILAND, KEARSE, and JACOBS, Circuit Judges.

PER CURIAM:

Petitioner City of New York (the "City") petitions for review of a final order of Secretary of Transportation Rodney E. Slater (the "Secretary") dated October 24, 1997 (the "Order"), granting exemptions under an exceptional-circumstances provision of the Federal Aviation Administration Authorization Act of 1994 (the "Act"), see 49 U.S.C. § 41714(c) (1994), in order to award takeoff and landing "slots" to respondents Frontier Airlines, Inc....

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