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BOWLING GREEN v. MARTIN LAND DEVELOPMENT CO., INC.

No. 08-5353.

561 F.3d 556 (2009)

BOWLING GREEN and Warren County Airport Board, and Geoff Fields, Plaintiffs-Appellants, v. MARTIN LAND DEVELOPMENT CO., INC., and Co-Mar Aviation, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2009.

Attorney(s) appearing for the Case

ARGUED: Christopher Todd Davenport, Broderick & Associates, Bowling Green, Kentucky, for Appellants. Timothy L. Mauldin, Bell, Orr, Ayers & Moore, Bowling Green, Kentucky, for Appellees.

ON BRIEF: Christopher Todd Davenport, David F. Broderick, Broderick & Associates, Bowling Green, Kentucky, for Appellants. Timothy L. Mauldin, William T. Wade, Jr., Bell, Orr, Ayers & Moore, Bowling Green, Kentucky, for Appellees.

Before: BATCHELDER and CLAY, Circuit Judges; COX, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiffs, the Bowling Green and Warren County Airport Board ("Airport Board") and Geoff Fields ("Fields"), appeal from the district court's decision granting summary judgment in favor of Defendants, Martin Land Development Company, Inc. ("Martin") and Co-Mar Aviation, Inc. ("Co-Mar"). The district court granted summary judgment in favor of Defendants on the ground that 49 U.S.C. § 40103 does not imply a private right of...

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