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UNITED STATES v. VERTOL H21C REG. NO. N8540

No. 74-3071.

545 F.2d 648 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. VERTOL H21C, REGISTRATION NO. N8540, in rem, Defendant, Aviation Contractors, Inc., Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 1, 1976.

Attorney(s) appearing for the Case

Richard I. Chaifetz, Atty. (argued), of Crim. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Maribeth Halloran (argued), of Lorenz, Greene, Kelley & Halloran, San Francisco, Cal., for claimant-appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and KING, District Judge.

KING, District Judge:

On October 2, 1972, the Federal Aviation Administration (hereinafter "FAA") unilaterally determined that Aviation Contractors, Inc. (hereinafter "Aviation") had violated certain FAA regulations relating to helicopters.1 Pursuant to its authority under 49 U.S.C. § 1471(a)(1) the FAA determined to seek $6,000 in civil penalties from Aviation. On October 13, 1972, acting under 49 U.S.C. § 1473(b)(2),

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