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GRAHAM v. NATIONAL TRANSPORTATION SAFETY BD.

No. 75-1279.

530 F.2d 317 (1976)

Patric M. GRAHAM, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD and James E. Dow, Acting Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1976.

Attorney(s) appearing for the Case

Warren P. Eustis and Robert T. Holley, Holmes, Eustis, Kircher & Graven, Minneapolis, Minn., filed brief for petitioner.

Rex E. Lee, Asst. Atty. Gen., and Ronald R. Glancz and Mark N. Mutterperl, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., filed brief for respondents.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

LAY, Circuit Judge.

The petitioner, Patric M. Graham, applied for an airman's first-class medical certificate with the Federal Aviation Administration (FAA). He admitted a medical history of alcoholism, but professed sobriety for the preceding six months.1 After requesting all of petitioner's medical records, the FAA denied the application, in reliance on an FAA regulation.2 14 C.F.R. § 67.13.

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