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SPA RENTAL v. SOMERSET-PULASKI COUNTY AIRPORT

No. 16-3989.

884 F.3d 600 (2018)

SPA RENTAL, LLC, dba MSI Aviation, Petitioner, v. SOMERSET-PULASKI COUNTY AIRPORT BOARD; Federal Aviation Administration, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2018.

Attorney(s) appearing for the Case

ARGUED: Winter R. Huff , ATTORNEYS SERVICES OF KENTUCKY, PLLC, Monticello, Kentucky, for Petitioner. Bethany A. Breetz , STITES & HARBISON PLLC, Louisville, Kentucky, for Respondent Somerset-Pulaski. Thais-Lyn Trayer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C, for Respondent Federal Aviation Administration. ON BRIEF: Winter R. Huff , ATTORNEYS SERVICES OF KENTUCKY, PLLC, Monticello, Kentucky, Konrad Kuczak , Dayton, Ohio, for Petitioner. Bethany A. Breetz , STITES & HARBISON PLLC, Louisville, Kentucky, for Respondent Somerset-Pulaski. Thais-Lyn Trayer , Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C, for Respondent Federal Aviation Administration.

Before: SUHRHEINRICH, SUTTON, and BUSH, Circuit Judges.

OPINION

This case raises the question of what constitutes "unjust discrimination," and related issues, under certain "standard grant assurances" required of airport sponsors by 49 U.S.C. § 47101 et seq. and regulations promulgated thereunder by the Secretary of Transportation and implemented by...

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