FEDERAL EXPRESS CORP. v. MINETA

Nos. 02-1190, 02-1192, 02-1284, 02-1313.

373 F.3d 112 (2004)

FEDERAL EXPRESS CORPORATION, Petitioner, v. Norman Y. MINETA, Secretary of Transportation, and the Department of Transportation, Respondents. Kitty Hawk Air Cargo, Inc. and Emery Air Freight Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2004.


Attorney(s) appearing for the Case

Warren L. Dean, Jr. argued the cause for petitioners. With him on the briefs were Patricia N. Snyder, Cynthia J. Collins, Robert P. Silverberg, and Neil J. King. Dwayne S. Byrd entered an appearance.

Christine N. Kohl, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were William G. Kanter, Deputy Director, Michael J. Singer, Attorney, Kirk Van Tine, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Peter J. Plocki, Senior Litigation Counsel, and Thomas L. Ray, Attorney.

Before: GINSBURG, Chief Judge, EDWARDS, Circuit Judges and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Five air cargo carriers, Federal Express, Emery Air Freight, Kitty Hawk Aircargo, Polar Air Cargo, and United Parcel Service, petition for review of four rules promulgated by the Department of Transportation to govern the award of compensation to air carriers under the Air Transportation Safety and System Stabilization Act, §§ 101 et seq., 49 U.S.C. § 40101 note...

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