CITY OF NEW YORK v. MINETTA

No. 00-4124.

262 F.3d 169 (2001)

City of New York, Rudolph W. Giuliani, as Mayor of the City of New York, & Claire Shulman, as President of the Borough of Queens, Petitioners, v. Norman Y. Minetta, Secretary of Transportation; Susan McDermott, Deputy Assistant Secretary for Aviation and International Affairs, U.S. Department of Transportation & Federal Aviation Administration, Respondents.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 20, 2001.


Attorney(s) appearing for the Case

SUSAN E. AMRON (Michael D. Hess, Corporation Counsel of the City of New York, of counsel), New York, NY, for Petitioners.

F. FRANKLIN AMANAT, Assistant United States Attorney (Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Deborah B. Zwany and Stanley N. Alpert, Assistant United States Attorneys for the Eastern District of New York, and Paul M. Geier, Assistant General Counsel for Litigation and Thomas L. Ray, Senior Trial Attorney, U.S. Department of Transportation, Office of the counsel), Brooklyn, NY, for Respondents.

Lorraine B. Halloway, Crowell & Moring L.L.P. (R. Bruce Keiner, Jr., of counsel), Washington, D.C., for Amici Curiae Regional Airline Association in support of Respondents.

Robert E. Cohn, Shaw, Pittman, Potts & Troebridge (Alexander Bellen, and W. Paul Zampol, General Attorney, Delta Air Lines, Inc., Atlanta, Georgia, and Robert P. Silverberg, Silverberg, Goldman and Bikoff, L.L.P., Washington, D.C., of counsel), Washington, D.C., for Amici Curiae Delta Connection Carriers in support of Respondents.

Before: VAN GRAAFEILAND, WINTER, and CALABRESI, Circuit Judges.


WINTER, Circuit Judge:

The City of New York, its Mayor, and the President of the Borough of Queens (collectively "City") petition for review of four orders of the Secretary of Transportation granting take-off and landing slots at New York's LaGuardia and John F. Kennedy International Airports. See In re The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Orders 2000-4-10-13, Nos. OST-2000-7175-7178 (Dep't of Transp. Apr. 14, 2000) ...

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