JALBERT LEASING v. MASSACHUSETTS PORT AUTH.

No. 05-2004.

449 F.3d 1 (2006)

JALBERT LEASING, INC., d/b/a C & J Trailways, et al., Plaintiffs, Appellants, v. MASSACHUSETTS PORT AUTHORITY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 12, 2006.


Attorney(s) appearing for the Case

Jeremy Kahn with whom Kahn and Kahn, Wesley S. Chused and Looney & Grossman LLP were on brief for appellants.

Shelly L. Taylor with whom David S. Mackey, Massachusetts Port Authority, Roscoe Trimmier, Jr., Richard J. Lettieri Sarah L. Levine and Ropes & Gray were on brief for appellee.

Thomas F. Reilly, Attorney General, and Thomas A. Barnico, Assistant Attorney General, Government Bureau, on brief for Commonwealth of Massachusetts, Amicus Curiae.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


BOUDIN, Chief Judge.

The Massachusetts Port Authority ("Massport"), an arm of the Commonwealth charged with (among other things) operating Boston's Logan Airport ("Logan"), imposes on bus and other surface transport entities a per-trip fee for stops at the airport. Four bus companies brought suit against Massport in federal district court, seeking a declaration that the fees are prohibited under federal law and an injunction against them. The district court found...

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