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AIR LINE PILOTS ASSOCIATION, INTERN. v. CHAO

No. 17-1012.

889 F.3d 785 (2018)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, et al., Petitioners v. Elaine L. CHAO, Secretary of the United States Department of Transportation, Respondent Norwegian Air International Limited, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2018.

Attorney(s) appearing for the Case

R. Russell Bailey argued the cause for petitioners. With him on the briefs were Jonathan A. Cohen , David M. Semanchik , Edward J. Gilmartin , Washington, DC, James P. Clark , Jonathan Elifson , and Stella Dulanya.

Sharon Swingle , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Michael S. Raab , Attorney.

Thomas G. Allen , Washington, DC, and Kevin M. Fong , San Francisco, CA, were on the brief for intervenor Norwegian Air International Limited in support of respondent.

Concurring opinion filed by Senior Circuit Judge Sentelle.

Four airline-employee unions challenge the Secretary of Transportation's award of a foreign air carrier permit to Norwegian Air International Limited, arguing that the airline's business model and labor practices are not in the public interest. Though the unions have Article III standing to challenge the Secretary's decision...

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