VILLAGE OF BENSENVILLE v. F.A.A.

No. 03-1068.

376 F.3d 1114 (2004)

VILLAGE OF BENSENVILLE, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent. City of Chicago, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2004.


Attorney(s) appearing for the Case

David J. Cynamon argued the cause for the petitioners. Robert E. Cohn, J. E. Murdock III, Alexander Van der Bellen, and David C. Lashway were on brief.

Ara B. Gershengorn, Attorney, United States Department of Justice, argued the cause for the respondent. Peter D. Keisler, Assistant Attorney General, and Barbara C. Biddle, Assistant Director, United States Department of Justice, were on brief. Jacob M. Lewis, Attorney, United States Department of Justice, entered an appearance.

Michael Schneiderman argued the cause for the intervenor. Thomas R. Devine and David T. Ralston, Jr. were on brief. Mary C. Jester entered an appearance.

Arthur P. Berg and Patricia A. Hahn were on the brief for amicus curiae, Airports Council International — North America.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

[T]hat astonishing Chicago — a city where they are always rubbing the lamp, and fetching up the genii, and contriving and achieving new impossibilities. It is hopeless for the occasional visitor to try to keep up with Chicago — she outgrows his prophecies faster than he can make them. — MARK TWAIN, LIFE ON THE MISSISSIPPI 326 (Signet...

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