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BOARD OF COUNTY COM'RS v. U.S. DEPT. OF TRANSP.

No. 19-1210.

955 F.3d 96 (2020)

BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, Maryland and Hagerstown Regional Airport, Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION and Elaine L. Chao, in her official capacity as Secretary of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2020.

Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause for petitioners. With him on the briefs was M. Denyse Zosa , Washington, DC.

Charles E. Enloe , Trial Attorney, U.S. Department of Transportation, argued the cause for respondents. With him on the brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Bryan J. Leitch , Attorneys, Washington, DC, Paul M. Geier , Assistant General Counsel, U.S. Department of Transportation, and Peter J. Plocki , Deputy Assistant General Counsel.

Before: Rogers and Wilkins, Circuit Judges, and Silberman, Senior Circuit Judge.

Petitioners Hagerstown Regional Airport and the Board of County Commissioners of Washington County, Maryland seek review of the Department of Transportation's determination that Hagerstown Airport was not eligible for federally subsidized air service because it did not meet the statutory "enplanement" requirement...

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