United States First Circuit

Summary judgment for defendant in a suit involving fees at Logan Airport is affirmed where the fees in question did not clearly fit enumerated exceptions to a federal prohibition on state fees, but could be stretched to fit the exceptions without violent distortion of the statute's purposes.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeremy Kahn with whom Kahn and Kahn, Wesley S. Chused and Looney & Grossman LLP were on brief for appellants., Thomas F. Reilly, Attorney General, and Thomas A. Barnico, Assistant Attorney General, Government Bureau, on brief for Commonwealth of Massachusetts, Amicus Curiae.


• For Appellees:
  
• Shelly L. Taylor with whom David S. Mackey, Massachusetts Port Authority, Roscoe Trimmier, Jr., Richard J. LettieriSarah L. Levine and Ropes & Gray were on brief for appellee.