US AIRWAYS, INC., Plaintiff-Appellant,
v.
Kelly O'DONNELL, in her official capacity as Superintendent of the New Mexico Regulation and Licensing Department; Gary Tomada, in his official capacity as Director, New Mexico Regulation and Licensing Department, Alcohol & Gaming Division, Defendants-Appellees.
Air Transport Association of America, Inc.; United States of America; Alan S. Boyd; William T. Coleman, Jr.; Elizabeth H. Dole; James H. Burnley, IV; Samuel K. Skinner; Andrew H. Card, Jr; Federico F. Pena; Rodney E. Slater; Norman Y. Minetta; Mary E. Peters; Association of Flight Attendants-CWA; American Beverage Licensees; Mothers Against Drunk Driving; Wine & Spirits Wholesalers of America, Inc.; Sazerac Company; State of Indiana; State of Colorado; State of Florida; State of Idaho; State of Louisiana; State of Maryland; State Of Michigan; State of Mississippi; State of Ohio; State of Tennessee; State of Texas; State of Utah; State of Wyoming; Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Mark R. Freeman , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., ( Tony West , Assistant Attorney General; Greg Fouratt , United States Attorney; Mark B. Stern , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Robert S. Rivkin , General Counsel, of Counsel; Paul M. Geier , Assistant General Counsel for Litigation, of Counsel; Paul S. Smith , Senior Trial Counsel, United States Department of Transportation, of Counsel; Richard H. Saltsman , Assistant Chief Counsel for Litigation, Federal Aviation Administration, of Counsel, with him on the brief), for Amici Curiae, United States of America.
Paul D. Clement , Daryl L. Joseffer of King & Spalding, LLP, Washington, D.C., filed an amicus brief for Ten Former Secretaries of the Department of Transportation.
Edward J. Gilmartin , General Counsel, Association of Flight Attendants—CWA, Washington, D.C., filed an amicus brief for the Association of Flight Attendants— CWA.
Anthony S. Kogut of Willingham & Coté, P.C., East Lansing, MI, filed an amicus brief for the American Beverage Licensees.
Leslie Patterson Moore , General Counsel, Mothers Against Drunk Driving 511, Irving, TX, filed an amicus brief for the Mothers Against Drunk Driving.
Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, Heather L. Hagan , Deputy Attorney General, Office of the Attorney General, Indianapolis, IN; John W. Suthers , Attorney General of Colorado, Denver, CO; Bill McCollum , Attorney General of Florida, Tallahassee, FL; Lawrence G. Wasden , Attorney General of Idaho, Boise, ID; James D. "Buddy" Caldwell , Attorney General of Louisiana, Baton Rouge, LA; Douglas F. Gansler , Attorney General of Maryland, Baltimore, MD; Michael A. Cox , Attorney General of Michigan, Lansing, MI; Jim Hood , Attorney General of Mississippi, Jackson, MS; Richard Cordray , Attorney General of Ohio, Columbus, OH; Robert E. Cooper, Jr. , Attorney General of Tennessee, Nashville, TN; Greg Abbott , Attorney General of Texas, Austin, TX; Mark L. Shurtleff , Attorney General of Utah, Salt Lake City, UT; Bruce A. Salzburg , Attorney General of Wyoming, Cheyenne, WY, filed an amicus brief for the States of Indiana, Colorado, Florida, Idaho, Louisiana, Maryland, Michigan, Mississippi, Ohio, Tennessee, Texas, Utah and Wyoming.
Before BRISCOE, Chief Judge, LUCERO, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Chief Judge.
Plaintiff-Appellant US Airways, Inc. ("US Airways") filed this action in the United States District Court for the District of New Mexico seeking to enjoin Defendants-Appellees New Mexico state officials ("New Mexico") from regulating, pursuant to the New Mexico Liquor Control Act ("NMLCA"), N.M. Stat. § 60-3A-1 et seq., the alcoholic beverage service that airlines provide to passengers on flights. The district court concluded that federal...
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