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KLINESTIVER v. DRUG ENFORCEMENT ADMINISTRATION

No. 78-2178.

606 F.2d 1128 (1979)

Donald G. KLINESTIVER, Petitioner, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1979.

Attorney(s) appearing for the Case

Larry S. Gondelman, Washington, D.C., with whom Plato Cacheris, Washington, D.C., was on the brief for petitioner.

Allan P. Mackinnon, Atty., U. S. Dept. of Justice, Washington, D.C., with whom Stephen E. Stone, Atty., Drug Enforcement Administration, Washington, D.C., were on the brief for respondent.

Before WRIGHT, Chief Judge, and BAZELON and TAMM, Circuit Judges.

Opinion for the Court filed by BAZELON, Circuit Judge.

BAZELON, Circuit Judge:

Petitioner Klinestiver challenges the revocation of his Certificate of Registration on three grounds: 1) that the decision was improperly based exclusively on hearsay testimony; 2) that the findings of fact underlying the order were not supported by substantial evidence; and 3) that DEA violated 5 U.S.C. § 557(c) (1976) by failing to provide petitioner an opportunity to file...

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