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CONTINENTAL AIRLINES, INC. v. UNITED AIRLINES

No. 01-1435.

277 F.3d 499 (2002)

CONTINENTAL AIRLINES, INC.; Continental Express, Incorporated, Plaintiffs-Appellees, v. UNITED AIRLINES, INCORPORATED; Dulles Airport Airline Management Council, Defendants-Appellants. Association of Flight Attendants, AFL-CIO, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 2002.

Attorney(s) appearing for the Case

ARGUED: Richard Joseph Favretto, Mayer, Brown & Platt, Washington, D.C., for Appellants. Alden Lewis Atkins, Vinson & Elkins, L.L.P., Washington, D.C., for Appellees.

ON BRIEF: Mark W. Ryan, Lily Fu Swenson, Robert L. Bronston, Mayer, Brown & Platt, Washington, D.C.; Stephen M. Shapiro, Jeffrey W. Sarles, Kermit Roosevelt, Mayer, Brown & Platt, Chicago, Illinois, for Appellants. Paul L. Yde, Joseph E. Hunsader, Mary N. Lehner, Vinson & Elkins, L.L.P., Washington, D.C., for Appellees. Edward J. Gilmartin, Associate General, Counsel Association of Flight Attendants, AFL-CIO, Washington, D.C., for Amicus Curiae.

Before: DIANA GRIBBON MOTZ, KING, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

Continental Airlines, Inc. and Continental Express, Inc. (collectively "Continental"), brought this antitrust action in April 2000 to challenge the installation of templates, which limit the size of carry-on baggage, at Dulles Airport. Continental alleges that in agreeing to install the...

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