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CLAYTON COUNTY, GEORGIA v. F.A.A.

No. 17-10210.

887 F.3d 1262 (2018)

CLAYTON COUNTY, GEORGIA, Clayton County Public Schools, Forest Park, Georgia, Riverdale, Georgia, Lovejoy, Georgia, Morrow Georgia, Lake City, Georgia, Jonesboro, Georgia, College Park Georgia, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Eleventh Circuit.

April 24, 2018.

Attorney(s) appearing for the Case

Jack Reynolds Hancock , Arash Ali Sabzevari , Freeman Mathis & Gary, LLP, Forest Park, GA, L'Erin Frances Barnes , Steven M. Fincher , Fincher Denmark & Minnifield, LLC, Jonesboro, GA, William Hollis Buechner, Jr. , Freeman Mathis & Gary, LLP, Atlanta, GA, for Petitioners.

Sonia Carson , U.S. Department of Justice, Civil Division, Appellate Staff, Federal Aviation Administration, Reggie Govan , Michael P. Huerta , Federal Aviation Administration, Scott R. McIntosh , U.S. Attorney General's Office, Washington, DC, for Respondent.

Milton Roy Goldberg , Stinson Leonard Street LLP, Washington, DC, for Amicus Curiae Air Transport Association of America.

Before WILLIAM PRYOR and JULIE CARNES, Circuit Judges, and ANTOON, District Judge.

Title 49 U.S.C. § 47133 generally prohibits "[l]ocal taxes on aviation fuel" from being spent on anything but aviation. In 2014, the Federal Aviation Administration clarified that it interpreted § 47133's revenue-use restriction to apply to all state and local governments, regardless of whether they own or...

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