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HINSON v. NATIONAL TRANSP. SAFETY BD.

No. 94-1428.

57 F.3d 1144 (1995)

David R. HINSON, Administrator, Federal Aviation Administration, and Federal Aviation Administration, Petitioners, v. NATIONAL TRANSPORTATION SAFETY BOARD, and Richard A. Rolund, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1995.

Attorney(s) appearing for the Case

Susan S. Caron, Atty., Federal Aviation Admin. argued the cause for petitioners. With her on the briefs were Kathleen A. Yodice, Acting Manager, Appellate Branch, and Timothy P. Melcher, Atty., Federal Aviation Admin. Robert P. Vente, Counsel, Federal Aviation Admin., and E. Roy Hawkens, Atty., U.S. Dept. of Justice, entered appearances.

John J. Veth, Speiser, Krause, Madole & Cook, argued the cause for respondent Rolund. With him on the brief were Gerard R. Lear, Rina M. Goodman, Speiser, Krause, Madole & Lear, and John P. Burns, Laguna Niguel, CA.

Daniel D. Campbell, General Counsel, National Transp. Safety Bd., was on the brief for respondent National Transp. Safety Bd.

Before: EDWARDS, Chief Judge, WALD and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The Administrator of the Federal Aviation Administration ("FAA") petitions for review of an order by the National Transportation Safety Board ("NTSB" or "Board"), Administrator v. Rolund, NTSB Order No. EA-3991 (Oct. 14, 1993), reconsideration denied, NTSB Order No. EA-4123 (Apr. 8, 1994), reversing a 90-day suspension of Richard A. Rolund's airline transport pilot certificate...

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