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SMITH v. NATIONAL TRANSP. SAFETY BD.

No. 92-3201.

992 F.2d 849 (1993)

John M. SMITH, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Robert Konchar, Cedar Rapids, Iowa, argued (Robert E. Konchar, Mark J. Herzberger and Paul D. Gamez on the brief), for petitioner.

Clarence Butcher, Washington, DC, argued (Allan H. Horowitz and Clarence C. Butcher, Jr., on the brief), for respondent.

Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

John Smith petitions for review of the National Transportation Safety Board's ("the Board") denial of his request for attorney fees. We reverse the Board's order.

I. BACKGROUND

On October 1, 1987, Smith, an experienced pilot with a previously unblemished flying record, left Cedar Rapids for Des Moines. Smith had made this trip on numerous occasions in the past. The Cedar Rapids air traffic controller issued...

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