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REPUBLIC AIRLINE INC. v. U.S. DEPT. OF TRANSP.

No. 11-1018.

669 F.3d 296 (2012)

REPUBLIC AIRLINE INC., Petitioner, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 6, 2012.

Attorney(s) appearing for the Case

Christopher T. Handman argued the cause for the petitioner. Robert E. Cohn , Patrick R. Rizzi and Dominic F. Perella were on brief.

Timothy H. Goodman , Senior Trial Attorney, United States Department of Transportation, argued the cause for the respondent. Robert B. Nicholson and Finnuala K. Tessier , Attorneys, United States Department of Justice, Paul M. Geier , Assistant General Counsel for Litigation, and Peter J. Plocki , Deputy Assistant General Counsel for Litigation, were on brief. Joy Park , Trial Attorney, United States Department of Transportation, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Republic Airline Inc. (Republic) challenges an order of the Department of Transportation (DOT) withdrawing two Republic "slot exemptions" at Ronald Reagan Washington National Airport (Reagan National) and reallocating those exemptions to Sun Country Airlines (Sun Country). In both an informal letter to Republic dated November 25, 2009 and its final order, DOT held that Republic's parent company, Republic Airways Holdings, Inc...

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