Attorney(s) appearing for the Case
Aimee W. Brown , Washington, DC, argued the cause for petitioner. On the briefs were Joanne W. Young and David M. Kirstein , Washington, DC. Kannon K. Shanmugam , Washington, DC, entered an appearance.
Scott P. Lewis , Cambridge, MA, and Thomas R. Devine , Washington, DC, were on the brief for amicus curiae Airports Council International — North America in support of petitioner.
Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Michael S. Raab , Attorney, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, and Arjun Garg , Chief Counsel, Federal Aviation Administration.
Before: Henderson and Walker, Circuit Judges, and Ginsburg, Senior Circuit Judge.
Ginsburg, Senior Circuit Judge:
Spirit Airlines, a low-fare passenger carrier, challenges the Federal Aviation Administration's decision not to reallocate peak-period flight authorizations previously held by Southwest Airlines at Newark International Airport. Spirit argues this decision was arbitrary and capricious because the FAA improperly failed...
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