FOR THE DISTRICT OF KANSAS
TO PRECLUDE ADMISSION OF "STATE ACTION" EVIDENCE
Pursuant to Federal Rules of Evidence 401 and 402, and for the reasons set forth in the accompanying memorandum, the United States moves in limine to preclude the admission of evidence that the State of Texas has articulated a clear policy to regulate competition at airports in the Dallas/Ft. Worth area and has conferred authority on the cites of Dallas and Fort Worth and/or the DFW Airport Authority to implement business practices in furtherance of that state policy, and the admission of evidence that the DFW Airport Authority actively supervises the facilities at DFW, including certain activities of lessees, such as subleasing and transfers of leaseholds.
Plaintiff United States