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CITY OF PIERRE v. F.A.A.

No. 97-3232.

150 F.3d 837 (1998)

CITY OF PIERRE, a municipal corporation; Gary L. Drewes, individually and as Mayor of the City of Pierre, a municipal corporation; Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Barry Valentine, as Acting Administrator of the Federal Aviation Administration; Cecelia Hunziker, as Regional Administrator of the Federal Aviation Administration; Respondents.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

Robert C. Riter, Jr., Pierre, SD, argued (Robert D. Hofer, David A. Pfeifle, and Helen Paulin, on the brief), for Petitioners.

William G. Cole, Washington, DC, argued (Frank W. Hunger and Robert S. Greenspan, on the brief), for Respondents.

Before WOLLMAN and HANSEN, Circuit Judges, and GOLDBERG, Judge.

HANSEN, Circuit Judge.

The City of Pierre and Gary Drewes petition, pursuant to 49 U.S.C. § 46110(a) (1994), for review of the Federal Aviation Administration's (FAA's) order decommissioning the Flight Service Station (FSS) at the Pierre Regional Airport in Pierre, South Dakota. We grant petitioners' motion to supplement the petition for review, and we affirm the FAA's closure order.

I. Facts and Background

In the 1920s, the first FSSs were...

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