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SABRE, INC. v. DEPARTMENT OF TRANSP.

No. 04-1073.

429 F.3d 1113 (2005)

SABRE, INC., Petitioner v. DEPARTMENT OF TRANSPORTATION and Norman Y. Mineta, Secretary of Transportation, Respondents Amadeus Global Travel Distribution, S.A., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 2005.

Attorney(s) appearing for the Case

David C. Frederick argued the cause for petitioner. On the briefs were Kenneth P. Quinn, Richard Liebeskind, Barry H. Gottfried, Jennifer Trock, and David A. Schwarte.

Sam Kazman and Randolph J. May were on the brief for amici curiae The Progress & Freedom Foundation, et al.

Paul M. Ruden was on the brief for amicus curiae American Society of Travel Agents.

Thomas L. Ray, Senior Trial Attorney, U.S. Department of Transportation, argued the cause for respondents. With him on the brief were Robert H. Pate, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, and Dale C. Andrews, Deputy Assistant General Counsel.

David H. Coburn argued the cause for intervenor Amadeus Global Travel Distribution, S.A. in support of respondents.

Before: ROGERS and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

Sabre, Inc. petitions for review of a final rule promulgated by the Department of Transportation that, as relevant, states that an independent computer reservation system ("CRS") not owned by an air carrier or foreign air carrier is a "ticket agent" as defined within the Federal Aviation Act ("FAA"), 49 U.S.C. § 40102(a)(45) (2000 and West Supp.2005), and therefore subject to...

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