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TEARNEY v. NATIONAL TRANSP. SAFETY BD.

No. 88-4558 Summary Calendar.

868 F.2d 1451 (1989)

Barney J. TEARNEY, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; and T. Allan McArtor, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 12, 1989.

Attorney(s) appearing for the Case

Lawrence B. Smith, Tucson, Ariz., for petitioner.

Karen R. Bury, F.A.A., and John M. Stuhldreher, Gen. Counsel, Washington, D.C., for respondents.

Before POLITZ, KING and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 12, 1989.

POLITZ, Circuit Judge:

Barney J. Tearney, a pilot for Southwest Airlines, was sanctioned for taxiing his aircraft while passengers were standing, in violation of Federal Aviation Regulations (FAR), 14 C.F.R. § 91.9. Tearney petitions for review of the National Transportation Safety Board's (NTSB) decision affirming the Federal Aviation Administration's (FAA) ruling that he violated section 91.9. He...

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