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AEROLINEAS ARGENTINAS v. U.S. DEPT. OF TRANSP.

No. 04-1030.

415 F.3d 1 (2005)

AEROLINEAS ARGENTINAS S.A., Petitioner v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent. American Airlines, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2005.

Attorney(s) appearing for the Case

John N. Romans argued the cause for petitioner. With him on the briefs were Alexander C. Vincent and Thomas G. Corcoran, Jr.

Dale C. Andrews, Deputy Assistant General Counsel, U.S. Department of Transportation, argued the cause for respondent. With him on the brief were Robert H. Pate, III, 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 Thomas L. Ray.

Carl B. Nelson, Jr., David E. Short, and Jeffrey A. Manley were on the brief for intervenor.

Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Aerolineas Argentinas petitions for review of an order of the Department of Transportation (DoT) conditioning the airline's permit to provide air transportation to and from the United States upon its paying into escrow "the difference between what it actually pays [in user charges] at Buenos Aires Ezeiza airport and the higher amounts" that United States carriers are required to pay...

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