Except that CO really didn't perpetrate it in this case either. The plane landed, and Northwest refused to give them a gate. And due to lightning, the captain decided that it was not safe for the passengers to deplane without a jetway. So what message does this fine send to ExpressJet???? In future, disregard passenger safety and get them off at all cost. So, in this situation, if a passenger gets struck by lightning, it's OK - afterall, they got them all off of the plane. There's your tombstone regulation. NW/Masaba should have taken a greater hit on this one.
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