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KITTY HAWK AIR CARGO, INC. v. CHAO

No. CIV.A.3:01-CV-1356-K.

304 F.Supp.2d 897 (2004)

KITTY HAWK AIR CARGO, INC., Plaintiff, v. Elaine L. CHAO, Secretary of the United States Department of Labor, Defendant, and Air Line Pilots Association, Intervenor, and Captain Hal Winters, Intervenor.

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

January 26, 2004.

Attorney(s) appearing for the Case

Frank Dounell Able, U.S. Attorney's Office, Department of Justice, Dallas, TX, for Defendant.

George W. Bramblett, Jr., Haynes & Boone, Dallas, TX, Gerard F. Doyle, Doyle & Bachman, Arlington, VA, Michael L. Hood, Haynes & Boone, Dallas, TX, Monique M. Kleck, Haynes & Boone, Austin, TX, Jeffrey S. Lowenstein, Bell, Nunnally & Martin, Dallas, TX, Scott W. Woehr, Doyle & Bachman, Arlington, VA, for Plaintiff.

MEMORANDUM OPINION AND ORDER

KINKEADE, District Judge.

Before the Court are the parties' cross motions for Summary Judgment. Having considered the merits of each motion, and for the reasons stated herein, Plaintiff's Motion for Summary Judgment is GRANTED, and Defendant's Motion for Summary Judgment is DENIED.

I. Background

Plaintiff Kitty Hawk Air Cargo, Inc. ("Kitty Hawk") is a commercial airline which...

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