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FLAMINGO EXP., INC. v. F.A.A.

No. 07-4226.

536 F.3d 561 (2008)

FLAMINGO EXPRESS, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Michael J. Schulte, Law Office, Covington, Kentucky, for Petitioner. Christopher J. Walker, Michael Jay Singer, United States Department of Justice, Washington, D.C., for Respondent.

Before: KENNEDY, GILMAN, and GIBBONS, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

The City of Cincinnati is the municipal owner and operator of the Cincinnati Municipal Lunken Airport (Lunken). Flamingo Express, Inc., which was already using Lunken to conduct chartered and unscheduled air service, sought an additional permit from the City in 2004 to operate scheduled commuter air service with seating for up to 30 passengers per flight. After the parties...

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