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THOMAS BROOKS CHARTERED v. BURNETT

No. 89-1378.

920 F.2d 634 (1990)

THOMAS BROOKS CHARTERED, a professional corporation, Plaintiff-Appellee, v. James BURNETT, Norman Wiemeyer, and the National Transportation Safety Board, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 28, 1990.

Attorney(s) appearing for the Case

Windle Turley (Richard N. Countiss and James P. Piper, with him on the brief), Dallas, Tex., for plaintiff-appellee.

Peter R. Maier, Appellate Staff Atty. (Stewart M. Gerson, Asst. Atty. Gen., Michael J. Norton, U.S. Atty., Anthony J. Steinmeyer, Appellate Staff Atty., with him on the briefs), Dept. of Justice, Washington, D.C., for defendants-appellants.

Before ANDERSON and BRORBY, Circuit Judges, and BRIMMER, District Judge.

BRORBY, Circuit Judge.

The National Transportation Safety Board ("the NTSB" or "the Board") appeals the district court's award of summary judgment holding that the NTSB could not invite manufacturers of a plane and its component parts to participate in an NTSB investigation without also allowing a representative of the individual who was killed in the crash to participate as an observer. We reverse.

I. BACKGROUND

The NTSB is the independent federal...

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