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AVIATORS FOR SAFE & FAIRER REG., INC. v. F.A.A.

No. 99-1888.

221 F.3d 222 (2000)

AVIATORS FOR SAFE AND FAIRER REGULATION, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, First Circuit.

Decided July 25, 2000.

Attorney(s) appearing for the Case

John M. Edwards with whom John C. Blessington and Kirkpatrick & Lockhart LLP were on brief for petitioner.

Charles W. Scarborough, Appellate Staff, Civil Division, Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, and Robert S. Greenspan, Appellate Staff, Civil Division, Department of Justice, were on brief for respondent.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.

BOUDIN, Circuit Judge.

Petitioner, Aviators for Safe and Fairer Regulation, Inc. ("Aviators"), is a trade association of about fifty on-demand air charter companies. It brings this case to challenge a so-called notice of enforcement policy issued by the Federal Aviation Administration ("FAA") that purports to interpret, and to express its intent to enforce, a preexisting regulation governing how much rest pilots or other flight crewmembers must get between flight...

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