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REPUBLIC/NFR v. REGIONAL AIRPORT

No. 03-5433.

410 F.3d 888 (2005)

REPUBLIC/NFR & C PARKING OF LOUISVILLE, Plaintiff/Counter-Defendant-Appellee, v. REGIONAL AIRPORT AUTHORITY OF LOUISVILLE AND JEFFERSON COUNTY, Defendant/Counter-Plaintiff-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert W. Griffith, Stites & Harbison, Louisville, Kentucky, for Appellant. Deborah L. Varner, Gearhiser, Peters, Lockaby, Cavett & Elliot, Chattanooga, Tennessee, for Appellee.

ON BRIEF: Robert W. Griffith, Bethany A. Breetz, Stites & Harbison, Louisville, Kentucky, for Appellant. Deborah L. Varner, Robert Lockaby, Jr., Christopher T. Varner, Gearhiser, Peters, Lockaby, Cavett & Elliot, Chattanooga, Tennessee, Frank P. Doheny, Jr., Kevin M. Norris, Dinsmore & Shohl, Louisville, Kentucky, for Appellee.

Before: BOGGS, Chief Judge; MOORE, Circuit Judge; and HOLSCHUH, District Judge.

OPINION

BOGGS, Chief Judge.

The Regional Airport Authority of Louisville (Airport Authority) appeals a grant of summary judgment to Republic/NFR & C Parking of Louisville (Republic) on its claim that it was allowed to terminate its airport parking concession due to financial losses in the wake of the terrorist attack on September 11, 2001. Because the district court erred in finding that security restrictions on parking implemented after the attacks...

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