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AEROSOURCE, INC. v. SLATER

No. 97-3313.

142 F.3d 572 (1998)

AEROSOURCE, INC., Petitioner, v. Rodney SLATER, Secretary of the U.S. Department of Transportation; Barry Valentine, Acting Administrator of the Federal Aviation Administration; U.S. Department of Transportation And Federal Aviation Administration, Respondents.

United States Court of Appeals, Third Circuit.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Louise B. Cobbs (argued), Haight, Gardner, Holland & Knight, Washington, DC, for Petitioner.

Frank W. Hunger, Assistant Attorney General, Robert S. Greenspan, Edward Himmelfarb (argued), Attorneys, Appellate Staff Civil Division, Washington, DC, David M. Wiegand, Mgr. General & Administrative Litigation Branch, Washington, DC, James S. Dillman, United States Department of Transportation, Washington, DC, for Respondents.

BEFORE: GREENBERG, SCIRICA, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter is before the court on a petition for review of a Federal Aviation Administration ("FAA") action brought by Aerosource, Inc., pursuant to 49 U.S.C. § 46110(a).1 In the alternative, anticipating that we might determine that we do not have appellate jurisdiction, Aerosource relies on our jurisdiction...

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