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HART v. McLUCAS

No. 74-2896.

535 F.2d 516 (1976)

Eldon C. HART, Petitioner, v. John L. McLUCAS, Administrator, Federal Aviation Administration, and National Transportation Safety Board, Respondents.

United States Court of Appeals, Ninth Circuit.

May 5, 1976.

Attorney(s) appearing for the Case

G. Rich Andrus, Rexburg, Idaho (argued), Rigby, Thatcher & Andrus, Rexburg, Idaho, for petitioner.

Richard A. Lavine, Asst. Atty. Gen., App. Section, Civ. Div., Dept. of Justice, Washington, D. C. (argued), for respondents.

Before SMITH, HUFSTEDLER, Circuit Judges, and WOLLENBERG, District Judge.

OPINION

J. JOSEPH SMITH, Circuit Judge:

Eldon C. Hart is an aviation enthusiast of long standing. He now appeals from a decision of the National Transportation Safety Board (hereinafter the NTSB) finding that Hart had violated 14 C.F.R. § 61.59(a)(2)1 and ordering that Hart's flight instructor certificate be suspended for nine months.

For the reasons stated below, we remand this case for further proceedings before...

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