The Federal Aviation Administration has denied Comair's claim that the FAA was partly at fault for the crash of Comair Flight 5191.
Comair sued the FAA and Urban County Airport Board in October, asking that the FAA and Blue Grass Airport share responsibility for the Aug. 27 crash that killed 49 people.
Comair also filed an administrative claim seeking damages from the FAA, saying the agency should repay the airline $18 million for the loss of the Comair plane, a Canadair RJ 100.
According to court documents filed this week in U.S. District Court in Lexington, the FAA denied the claim on Jan. 31. Comair is appealing that decision to the federal courts.
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Comair has contended that the FAA did not have enough air traffic controllers in the tower at the time of the crash.
The lone controller, who was working on two hours' sleep, did not have a view of the runway at the time of the crash. Comair Flight 5191 took off from the shorter of two runways at the airport and crashed on takeoff.