ALASKA AIRLINES, INC. v. DONOVAN

Nos. 84-5442, 84-5467, 84-5468 and 84-5470.

766 F.2d 1550 (1985)

ALASKA AIRLINES, INC., et al., v. Raymond J. DONOVAN, individually and as Secretary of Labor, et al., v. BROTHERHOOD of RAILWAY and AIRLINE CLERKS, et al., Appellants. ALASKA AIRLINES, INC., et al., v. Raymond J. DONOVAN, individually and as Secretary of Labor, et al., Association of Flight Attendants, Appellant. ALASKA AIRLINES, INC., et al., v. Raymond J. DONOVAN, individually and as Secretary of Labor, et al., Air Line Pilots Association, International, Appellant. ALASKA AIRLINES, INC., et al., v. Raymond J. DONOVAN, individually and as Secretary of Labor, et al., Appellants, Air Line Pilots Association, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1985.


Attorney(s) appearing for the Case

Douglas Letter, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant Secretary of Labor in No. 84-5470.

William J. Birney, Washington, D.C., with whom William G. Mahoney, John O'B. Clarke, Jr. and Clinton J. Miller, III, Washington, D.C., were on brief, for appellants Broth. of Ry. and Airline Clerks, et al.

Eugene B. Granof, Washington, D.C., with whom Gary Green, Washington, D.C., was on brief, for appellant Air Line Pilots Ass'n in No. 84-5468.

Matthew Finucane, Washington, D.C., was on brief, for appellant Ass'n of Flight Attendants.

William T. Coleman, Jr., Washington, D.C., with whom Richard C. Warmer, Donald T. Bliss and John H. Beisner, Washington, D.C., were on brief, for appellees Alaska Airlines, Inc., et al.

Before TAMM, GINSBURG and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

Statement concurring in the judgment filed by Circuit Judge GINSBURG.

STARR, Circuit Judge.

This case raises a question left in the wake of Immigration & Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983), invalidating as violative of separation of powers principles the device of the legislative veto of administrative regulations...

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