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CITY OF IRVING, TEX. v. FEDERAL AVIATION ADMIN.

No. CA 3-81-0947-R.

539 F.Supp. 17 (1981)

CITY OF IRVING, TEXAS; Allene Harrington; Robert Harrington; and R. D. Harrington, Plaintiffs, v. FEDERAL AVIATION ADMINISTRATION; J. Lynn Helms, Administrator of Federal Aviation Administration; C. R. Melugin, Jr.; City of Dallas, Texas; City of Fort Worth, Texas; DFW Regional Airport Board; Ernest E. Dean, Executive Director; Jack Downey, Deputy Executive Director; and, Michael T. Brock, Director of Operations; and Air Transport Association of America, Defendants.

United States District Court, N. D. Texas, Dallas Division.

As Amended December 28, 1981.

Attorney(s) appearing for the Case

Don J. Rorschach, City Atty., Irving, Tex., Cecil W. Casterline, William B. Chaney, Richard L. Allen, John T. Helm, Drew R. Heard, Brett A. Ringle, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., for plaintiffs.

Lee Holt, City Atty., Analeslie Muncy, Charles M. Bierfeld, Dallas, Tex., for defendant City of Dallas.

Paul C. Isham, Asst. City Atty., Fort Worth, Tex., for defendant City of Fort Worth.

Charles C. Wells, Debra G. Kress, Dallas, Tex., for defendants D/FW Regional Airport Bd. and Dean, Downey and Brock.

Susan V. Cook, U. S. Dept. of Justice, Washington, D. C., Charles Cabaniss, Asst. U. S. Atty., Dallas, Tex., for defendants Federal Aviation Administration, Helms and Melugin.

Lyman M. Tondel, Jr., Cleary, Gottlieb, Steen & Hamilton, New York City, Donald L. Case, Charles Babcock, H. Dudley Chambers, Jackson, Walker, Winstead, Cantwell and Miller, Dallas, Tex., for defendant Air Transport Ass'n of America.

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This suit involves a controversy and a dilemma concerning runway 13L—the northwest-southeast diagonal, "crosswind" runway — at the Dallas-Fort Worth Regional Airport ("DFW").

The controversy is not new. It began even before DFW was opened. And this decision — which denies the plaintiffs' request for a temporary injunction prohibiting tests for a limited 60-day period of a revised...

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