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CONNAIRE, INC. v. SECRETARY, U.S. DEPT. OF TRANSP.

Nos. 87-3001, 88-3935.

887 F.2d 723 (1989)

CONNAIRE, INC., Petitioner, v. SECRETARY, UNITED STATES DEPARTMENT OF TRANSPORTATION (87-3001); Administrator, Federal Aviation Administration and the National Transportation Safety Board (88-3935), Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1989.

As Amended January 4, 1990.

Attorney(s) appearing for the Case

Thomas H. Forrester and G. Rhea Bucy, Gullett, Sanford, Robinson & Martin, Nashville, Tenn., for petitioner.

Mardi Ruth Thompson, R.R. Hagadone, Regional Counsel, Federal Aviation Admin., Mardi Ruth Thompson, Atty., Atlanta, Ga., J.E. Murdock, III, Chief Counsel, Federal Aviation Admin., Office of Gen. Counsel, and Joseph A. Conte (argued), Washington, D.C., for respondents.

Before WELLFORD, GUY and BOGGS, Circuit Judges.

BOGGS, Circuit Judge.

ConnAire, Inc. (ConnAire), a small commercial air carrier, appeals the decision of the National Transportation Safety Board (the Board) upholding a 120-day suspension of ConnAire's Air Carrier Operating Certificate, originally imposed by the Federal Aviation Administration (FAA). ConnAire contends that the FAA abused its discretion by originally revoking ConnAire's certificate in violation of its own guidelines and that the Board did not afford...

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