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NADIAK v. C. A. B.

No. 19136.

305 F.2d 588 (1962)

Boris S. NADIAK, Appellant, v. CIVIL AERONAUTICS BOARD and Najeeb E. Halaby, Administrator of the Federal Aviation Agency, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 8, 1962.

Attorney(s) appearing for the Case

A. Jay Cristol, Miami, Fla., for appellant.

John H. Wanner, Gen. Counsel, O. D. Ozment, Associate Gen. Counsel, Arthur R. Schor, Atty., Civil Aeronautics Bd., James D. Hill, Associate Gen. Counsel, William Anderson, Atty., Federal Aviation Agency, Lee Loevinger, Asst. Atty. Gen., Richard A. Solomon, Atty., Dept. of Justice, Daggett H. Howard, Gen. Counsel, Federal Aviation Agency, for appellees.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents the basic question of whether the proceedings relating to the grounding of a commercial airline pilot were procedurally correct. After a careful reading of every word of 1234 typewritten foolscap pages, plus 40-odd documentary exhibits, we are convinced that they were, and affirm the decision of the Civil Aeronautics Board (CAB).

There is no doubt regarding the technical proficiency of this pilot. He has flown...

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