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FLYERS RIGHTS EDUC. FUND v. U.S. DEPT. OF TRANSP.

No. 19-1071.

957 F.3d 1359 (2020)

FLYERS RIGHTS EDUCATION FUND, INC., doing business as Flyers-Rights.org and Paul Hudson, Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION and Elaine L. Chao, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2020.

Attorney(s) appearing for the Case

Joseph E. Sandler , Washington, DC, argued the cause and filed the briefs for petitioners.

Matthew J. Glover , Counsel to the Assistant Attorney General, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Abby C. Wright , Attorney, Washington, DC, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, and Charles E. Enloe , Trial Attorney.

Warren L. Dean Jr. and Thomas Sean McGowan were on the brief for amicus curiae Air Transport Association of America, Inc. d/b/a Airlines For America in support of respondents.

Before: Rogers and Millett, Circuit Judges, and Randolph, Senior Circuit Judge.

Petitioners are the Flyers Rights Education Fund, Inc. (doing business as FlyersRights.org) and its president. The first issue is whether they — or one of them — have standing. If so, the second issue is whether the Department of Transportation acted arbitrarily when it denied FlyersRights' request to...

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