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MENDENHALL v. NATIONAL TRANSP. SAFETY BD.

No. 94-70320.

92 F.3d 871 (1996)

Bonnie Lee MENDENHALL, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; Federal Aviation Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1996.

Attorney(s) appearing for the Case

Joseph D. Kuchta, Kuchta & Brinker, Washington, D.C., for petitioner.

Wilton J. Smith, Federal Aviation Administration, Washington, D.C., for respondents.

Before REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Federal Aviation Administration was substantially justified in filing a complaint before the National Transportation Safety Board against a commercial pilot who had successfully passed a reexamination.

I

Bonnie Lee Mendenhall is a commercial pilot. After failing numerous practical tests between September 1988 and November 1991, including reexaminations of her Airline Transport Pilot ("ATP") status...

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