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41 NORTH 73 WEST, INC. v. U.S. DEP'T OF TRANSPORTATION

No. 09-4810-ag.

41 NORTH 73 WEST, INC., doing business as Avitat Westchester and Jet Systems, Petitioner, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, RAY LAHOOD, Secretary of Transportation, FEDERAL AVIATION ADMINISTRATION, J. RANDOLPH BABBITT, Administrator, Federal Aviation Administration, Respondents, COUNTY OF WESTCHESTER, NEW YORK, Intervenor.

United States Court of Appeals, Second Circuit.

November 2, 2010.

Attorney(s) appearing for the Case

BARBARA E. LICHMAN and STEVEN M. TABER, Chevalier, Allen & Lichman, LLP, Costa Mesa, California, for Petitioner.

TONY WEST, Assistant Attorney General (Michael J. Singer and Sydney Foster, on the brief), Washington, D.C., for Respondents.

W. ERIC PILSK, PETER J. KIRSCH, and ARTHUR P. BERG, Kaplan Kirsch & Rockwell LLP, Washington, D.C., for Intervenor.

PRESENT: DEBRA ANN LIVINGSTON, DENNY CHIN, Circuit Judges, DAVID G. LARIMER, District Judge.

SUMMARY ORDER

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the petition for review is DENIED.

Petitioner 41 North 73 West, Inc., d/b/a Avitat Westchester and Jet Systems ("Avitat"), seeks review of a September 21, 2009 final decision and order of respondent the Federal Aviation Administration ("FAA"), which found that intervenor County of Westchester, New York ("County") did not violate its conditions to funding under the FAA...

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