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HOOPER v. N.T.S.F.

No. 87-1257.

841 F.2d 1150 (1988)

Edwin Lamb HOOPER, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 1988.

Attorney(s) appearing for the Case

George Hugh Savord, Anaheim, Cal., for petitioner.

Karen R. Bury, Atty., F.A.A., with whom Peter J. Lynch, Manager, Enforcement Proceedings Branch, F.A.A., Washington, D.C., was on the brief, for respondent.

Before MIKVA, STARR and SILBERMAN, Circuit Judges.

PER CURIAM.

We are asked to decide whether an agency's dismissal of a matter in which a brief was filed late is arbitrary and capricious. Because the agency has from time to time and without explanation deviated from its enunciated policy, applied here, we hold its action arbitrary and capricious.

On February 6, 1986, the Administrator of the Federal Aviation Administration issued an order suspending the private pilot certificate of Edwin Lamb Hooper for violations...

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