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EXHAUSTLESS INC. v. F.A.A.

No. 18-1303 Consolidated with 18-1304.

931 F.3d 1209 (2019)

EXHAUSTLESS INC., Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2019.

Attorney(s) appearing for the Case

Kevin M. Blair , Lansing, MI, argued the cause and filed the briefs for petitioner.

Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Michael S. Raab , Attorney, U.S. Department of Justice, and Steven G. Bradbury , General Counsel, Paul M. Geier , Assistant General Counsel, Joy K. Park , Senior Trial Attorney, and Arjun Garg , Chief Counsel, Federal Aviation Administration.

Before: Henderson, Srinivasan, and Pillard, Circuit Judges.

In 1968, the Federal Aviation Administration began limiting the number of flights serving LaGuardia and John F. Kennedy Airports in New York in order to reduce flight delays. In 2000, Congress mandated the repeal of the relevant regulations based on concerns about their anticompetitive...

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