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BULLWINKEL v. F.A.A.

No. 93-1803.

23 F.3d 167 (1994)

Benton W. BULLWINKEL, Petitioner-Appellant, v. FEDERAL AVIATION ADMINISTRATION and National Transportation Safety Board, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 1994.

As Amended on Denial of Rehearing June 23, 1994.

Attorney(s) appearing for the Case

John T. Allen, Jr. (argued), Bullwinkel Partners, Chicago, IL, for petitioner.

James W. Tegtmeier (argued), F.A.A., Washington, DC, for F.A.A.

Daniel D. Campbell, Nat. Transp. Safety Bd., Office of Gen. Counsel, Washington, DC, for Nat. Transp. Safety Bd.

Before CUMMINGS and CUDAHY, Circuit Judges, and LEINENWEBER, District Judge.

CUDAHY, Circuit Judge.

The Federal Aviation Administration ("FAA") has grounded Benton Bullwinkel. Claiming that the daily doses of lithium Mr. Bullwinkel takes to control his bipolar mood disorder (also known as manic depression) render him unfit to fly, the FAA has refused to renew his third-class airman's medical certificate — an essential requirement for obtaining a license to pilot private planes. Subsequent to...

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