AMERICAN AIRLINES v. TRANSPORTATION SEC. ADMIN.

No. 10-1418.

665 F.3d 170 (2011)

AMERICAN AIRLINES, INC., Petitioner v. TRANSPORTATION SECURITY ADMINISTRATION and John S. Pistole, In His Official Capacity as Administrator of the Transportation Security Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 2011.


Attorney(s) appearing for the Case

Lawrence D. Rosenberg argued the cause for petitioner. With him on the briefs were Andrew B. Steinberg and Christopher S. Perry .

Lindsey Powell , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Tony West, Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Douglas N. Letter, Attorney.

Before: SENTELLE, Chief Judge, GINSBURG, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:2

In 2002, American Airlines ("American") agreed, at the urging of the Transportation Security Administration ("TSA"), to incorporate an "in-line" baggage-screening system into its new terminal at John F. Kennedy International Airport, instead of a cheaper system in which luggage would be screened in the lobby of the airport. According to American, the airline...

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