United States Sixth Circuit

Agency defendant's order denying plaintiff's request for a waiver, that would allow it to conduct an air show within a congressionally mandated no-fly zone, is affirmed where defendant reasonably interpreted the waiver provision and plaintiff's other challenges are unconvincing.

Appellate Information

• Decided 12/01/2005
• Published 12/01/2005

Judges

• Before:  SILER and SUTTON, Circuit Judges;  SHARP, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jay Clinton Rice, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Petitioner.  John Koppel, United States Department of Justice, Washington, D.C., for Respondents.   ON BRIEF:  Jay Clinton Rice, Timothy John Fitzgerald, Joseph W. Pappalardo, Colleen A. Mountcastle, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Petitioner.  John Koppel, Mark B. Stern, United States Department of Justice, Washington, D.C., for Respondents.