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TOWNSHIP OF TINICUM v. U.S. DEPT. OF TRANSP.

No. 08-1830.

582 F.3d 482 (2009)

TOWNSHIP OF TINICUM, Delaware County, Pennsylvania, Petitioner v. UNITED STATES of America DEPARTMENT OF TRANSPORTATION, Office of the Secretary, Washington, D.C. Air Transport Association of America, Inc.; Airports Council International-North America, Intervenors. (Pursuant to Clerk Order dated 4/28/08).

United States Court of Appeals, Third Circuit.

Filed: September 14, 2009.

Attorney(s) appearing for the Case

Francis G.X. Pileggi (argued), Sheldon K. Rennie, Sophia Siddiqui, Fox Rothschild, Wilmington, DE, for Petitioner.

Dale C. Andrews, Paul M. Geier, Mary F. Withum (argued), U.S. Department of Transportation, Office of General Counsel, Robert B. Nicholson, Robert J. Wiggers, U.S. Department of Justice, Appellate Section, Washington, DC, for Respondent.

M. Roy Goldberg (argued), Sheppard, Mullin, Richter & Hampton, Washington, DC, Vincent A. LaMonaca, J. Denny Shupe, Schnader Harrison Segal & Lewis, Philadelphia, PA, for Intervenor Air Transport Association of America, Inc.

Scott P. Lewis, Douglas H. Wilkins, Anderson & Kreiger, Cambridge, MA, for Intervenor Airports Council International-North America.

Before: CHAGARES and HARDIMAN, Circuit Judges, and GARBIS, District Judge.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

This case requires us to determine whether a municipality may, consistent with the Anti-Head Tax Act ("AHTA"), 49 U.S.C. § 40116, require airlines to pay a tax every time one of their flights lands within the municipality's borders. Tinicum Township ("Tinicum") enacted an ordinance establishing just such a tax. Airline industry groups complained to the Department...

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