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AIR TRANSPORT ASS'N OF AMERICA, INC. v. CUOMO

Docket No. 07-5771-cv.

520 F.3d 218 (2008)

AIR TRANSPORT ASSOCIATION OF AMERICA, INC., Plaintiff-Appellant, v. Andrew CUOMO, in his official capacity as Attorney General of the State of New York, Mindy A. Bockstein, in her official capacity as Chairperson and Executive Director of the New York State Consumer Protection Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 25, 2008.

Attorney(s) appearing for the Case

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC (Bruce H. Rabinowitz, Jonathan E. Nuechterlein, Heather Zachary, Daniel S. Volchok, Chad Golder, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Robert S. Span, John J. Gallagher, Neal D. Mollen, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, on the brief), for Plaintiff-Appellant.

Barbara D. Underwood, Solicitor General (Andrea Oser, Deputy Solicitor General, Andrew B. Ayers, Assistant Solicitor General, of counsel, Andrew M. Cuomo, Attorney General of the State of New York, on the brief), for Defendants-Appellees.

Paul S. Hudson, Sarasota, FL (Burton Jay Rubin, Alexandria, VA, on the brief), for Amici Curiae Aviation Consumer Action Project and Coalition for an Airline Passengers' Bill of Rights in Support of Defendants-Appellees.

Before: WESLEY, LIVINGSTON, Circuit Judges, and COGAN, District Judge.

PER CURIAM:

Appellant Air Transport Association of America ("Air Transport"), the principal trade and service organization of the United States airline industry, appeals from an order of the United States District Court for the Northern District of New York (Kahn, J.) granting summary judgment to Appellees and dismissing its complaint seeking declaratory and injunctive relief against enforcement of the New York State Passenger Bill of Rights (the "PBR"), 2007 N.Y...

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