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SMITH v. NATIONAL TRANSP. SAFETY BD.

No. 91-1013.

981 F.2d 1326 (1993)

Don W. SMITH, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, and James B. Busey, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1993.

Attorney(s) appearing for the Case

Jess J. Smith, Jr., Upper Marlboro, MD, for petitioner.

Harry S. Gold, Attorney, Federal Aviation Admin., with whom Peter J. Lynch, Attorney, FAA, Washington, DC, was on the brief, for respondent. Edmund J. Averman, III, Annandale, VA, entered an appearance for respondent.

Before WALD, D.H. GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Don Smith petitions for review of a National Transportation Safety Board order affirming the decision of the Federal Aviation Authority to suspend his commercial pilot's license for 60 days. We reverse the order of the NTSB because the FAA sanctions policy upon which it is based was not available to the public at the time of the conduct for which Mr. Smith was sanctioned...

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