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NORTH AMERICAN AV. PROP. v. NAT. TRANSP. SAF. BD.

No. 95-3033.

94 F.3d 1029 (1996)

NORTH AMERICAN AVIATION PROPERTIES, INC., Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1996.

Attorney(s) appearing for the Case

Joseph D. Kuchta (argued and briefed), Kuchta & Brinker, Washington, DC, for Petitioner.

Robert S. Greenspan, U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, Edward Himmelfarb (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, David E. Bass, National Transportation Safety Board, Washington, DC, for Respondent.

Before MERRITT, Chief Judge; BOGGS, Circuit Judge; O'MEARA, District Judge.

MERRITT, Chief Judge.

Petitioner North American Aviation Properties brings a generalized challenge to certain internal rules of practice issued by the National Transportation Safety Board through notice and comment rulemaking. The rules have not yet been applied to petitioner and may never be applied to it. The challenge is brought under 49 U.S.C. § 1153, which states that a person "disclosing a substantial interest" in a "final order" of the NTSB may apply for...

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