CORR v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY

No. 2011-1501.

702 F.3d 1334 (2012)

John B. CORR and John W. Grigsby, Plaintiffs-Appellants, v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 12, 2012.


Attorney(s) appearing for the Case

Robert J. Cynkar , Cuneo, Gilbert & LaDuca, LLP, of Alexandria, VA, argued for the plaintiffs-appellants. With him on the brief were Patrick M. McSweeney , of Powhatan, VA, Christopher I. Kachouroff , Dominion Law Center, P.C., of Woodbridge, VA, and Richard B. Rosenthal , Law Offices of Richard B. Rosenthal, of Miami, FL.

Stuart A. Raphael , Hunton & Williams, LLP, of McLean, VA, argued for defendant-appellee.

Before NEWMAN, DYK, and PROST, Circuit Judges.


ORDER

PROST, Circuit Judge.

Petitioners John B. Corr and John W. Grigsby filed this class action against the Metropolitan Washington Airports Authority ("MWAA") on behalf of themselves and all drivers who have used the Omer L. Hirst-Adelard L. Brault Expressway, also known as the Dulles Toll Road ("Toll Road") in Virginia since 2005. They claim that the tolls are a tax and constitute an illegal exaction in violation of the Due Process Clause of the Fifth...

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