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BARGMANN v. HELMS

No. 82-1801.

715 F.2d 638 (1983)

Eve BARGMANN, M.D., et al., Petitioners, v. J. Lynn HELMS, Administrator, Federal Aviation Administration, Federal Aviation Administration, Drew Lewis, Secretary of Transportation, Department of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

Cornish F. Hitchcock, Washington, D.C., with whom Alan B. Morrison, Washington, D.C., was on brief, for petitioners.

John H. Cassady, III, Atty., F.A.A., Washington, D.C., for respondents.

Darlene M. Freeman and Vicki L. Sherman, Attys., F.A.A., Washington, D.C., were on brief, for respondents.

Before WALD and MIKVA, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The sole issue presented for review in this case is whether the Federal Aviation Administration (FAA) lacks statutory authority to institute a rulemaking to upgrade the quality of first-aid kits currently carried on board commercial aircraft. Specifically, the FAA contends that it lacks the power, under its mandate to regulate "safety" in the Federal Aviation Act of 1958, to require...

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