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Delta Air Lines, Inc. v. Export-Import Bank of United States

United States District Court, D. Columbia.

March 30, 2015

DELTA AIR LINES, INC., et al., Plaintiffs,
v.
EXPORT-IMPORT BANK OF THE UNITED STATES, et al., Defendants

Page 437

[Copyrighted Material Omitted]

Page 438

[Copyrighted Material Omitted]

Page 439

For DELTA AIR LINES, INC., Plaintiff: Gregory Gerber Rapawy, Reed Smith LLP, New York, NY; Wan J. Kim, Michael K. Kellogg, KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, PLLC, Washington, DC.

For EXPORT-IMPORT BANK OF THE UNITED STATES, FRED P. HOCHBERG, WANDA FELTON, SEAN MULVANEY, PATRICIA M. LOUI, Defendants: Jean Lin, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Civil Division, Federal Programs Branch, Washington, DC; Adam Anderson Grogg, U.S. DEPARTMENT OF JUSTICE, Federal Programs Branch, Washington, DC.

For BOEING COMPANY, Amicus: Noel John Francisco, LEAD ATTORNEY, JONES DAY, Washington, DC, Washington, DC.

Page 440

Re Document Nos.: 12, 14

MEMORANDUM OPINION

RUDOLPH CONTRERAS, United States District Judge.

I. INTRODUCTION

The Export-Import Bank (" Ex-Im Bank" or " Bank" ) is an independent agency established in 1934 as the official export credit agency (" ECA" ) of the United States to promote and facilitate U.S. exports by providing loans and loan guarantees to foreign purchasers of U.S.-manufactured goods and services. The U.S. aircraft manufacturing industry is one of many domestic industries that rely on Ex-Im Bank support to compete with foreign manufacturers that receive similar support from foreign ECAs. But while U.S. aircraft manufacturers enjoy the benefits of the Ex-Im Bank's assistance in selling their planes to foreign airline purchasers, U.S. commercial airlines, which are not eligible for financing from the Bank, object to the boost that the Bank's support provides to overseas competitors.

Delta Air Lines, Inc. (" Delta" ), Hawaiian Airlines, Inc. (" Hawaiian" ), and the Air Line Pilots Association, International (" ALPA" ) (collectively, " Plaintiffs" ) are among those that protest the Ex-Im Bank's support of foreign aircraft purchasers. Together, Plaintiffs have embarked on a multipronged litigation attack against the Ex-Im Bank and its Board of Directors (collectively, " Defendants" ), in which they maintain, among other things, that the Bank has violated the Export-Import Bank Act of 1945 (" Bank Act" or " Charter" ) and the Administrative Procedure Act (" APA" ) through the adoption and application of certain internal economic impact procedures (" EIPs" ), which the Bank uses to assess the economic effects of potential ...


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