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GARVEY v. NATIONAL TRANSP. SAFETY BD.

No. 98-1365.

190 F.3d 571 (1999)

Jane F. GARVEY, Administrator, Federal Aviation Administration, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD and Richard Lee Merrell, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1999.

Attorney(s) appearing for the Case

E. Roy Hawkens, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Frank W. Hunger, Assistant Attorney General at the time the briefs were filed, David W. Ogden, Acting Assistant Attorney General, Robert S. Greenspan, Attorney, and James W. Tegtmeier, Attorney, Federal Aviation Administration.

Clay Warner argued the cause for respondents. With him on the brief was James W. Johnson.

Before: WALD, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND:

GARLAND, Circuit Judge:

The Federal Aviation Administration (FAA) issued an enforcement order to Captain Richard Merrell, a Northwest Airlines pilot whom the FAA determined had violated airline safety regulations. Merrell appealed to the National Transportation Safety Board (NTSB), which ruled in his favor and dismissed the FAA's order. The FAA petitions for review of that decision, arguing that the NTSB...

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