Continental Airlines, Inc. v. United States

OPINION

MARGOLIS, Senior Judge.

This illegal exaction case is before the Court on defendant’s motion to dismiss for failure to state a claim and plaintiffs motion for partial summary judgment on the issue of liability. The Court held a hearing on the motions on May 17, 2007. Plaintiff Continental Airlines, Inc. (“Continental”) is suing to recover from the defendant, the United States, $2,202,333, paid in response to government audits of user fees for international airline passengers. Continental argues that the government lacks statutory and regulatory authority to require air carriers to pay…