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ASSOCIATION FLIGHT ATTENDANTS v. DEPT. OF TRANSP.

No. 08-1165.

564 F.3d 462 (2009)

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO, Petitioner v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent Virgin America Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 2009.

Attorney(s) appearing for the Case

Susan B. Jollie argued the cause for the petitioner. Edward J. Gilmartin was on brief.

Mary F. Withum, Trial Attorney, United States Department of Transportation, argued the cause for the respondent. Paul M. Geier, Assistant General Counsel, Dale C. Andrews, Deputy Assistant General Counsel, and Robert B. Nicholson and Kristen C. Limarzi, Attorneys, United States Department of Justice, were on brief.

Kenneth P. Quinn argued the cause for the intervenor. Jennifer Trock was on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

The Association of Flight Attendants— CWA (AFA) challenges the decision of the United States Department of Transportation (DOT) to issue Intervenor Virgin America, Inc. (Virgin America) a certificate of public convenience and necessity to provide interstate air transportation as an "air carrier" under 49 U.S.C. § 41102. AFA asserts that DOT erred when it found that Virgin...

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