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WARDELL v. DOT, NAT. TRANSP. SAFETY BD.

No. 88-7531.

884 F.2d 510 (1989)

Olney M. WARDELL, Petitioner, v. DEPARTMENT OF TRANSPORTATION, NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

James Gilmore, Gilmore & Feldman, Anchorage, Alaska, for petitioner.

Marc Richman and Mary Doyle, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before O'SCANNLAIN, LEAVY, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Captain Wardell seeks review of an Opinion and Order of the National Transportation Safety Board (NTSB) suspending his merchant mariner's license. While we note that there were significant procedural defects in the Coast Guard's administrative hearing, we uphold the NTSB's decision because Captain Wardell failed to introduce any evidence that could rebut the presumption of negligence operating against him.

BACKGROUND

Captain...

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