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DUCHEK v. NATIONAL TRANSP. SAFETY BD.

No. 03-1185.

364 F.3d 311 (2004)

Charles E. DUCHEK, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 2004.

Attorney(s) appearing for the Case

James E. Ramsey argued the cause and filed the briefs for petitioner.

Agnes M. Rodriguez, Attorney, Federal Aviation Administration, argued the cause for respondents. With her on the brief was Peter J. Lynch, Assistant Chief Counsel. Allan H. Horowitz, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and RANDOLPH and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

The Federal Aviation Administration revoked Charles Duchek's three airman certificates, basing its action on a finding that Duchek had refused to submit to a required drug test. Duchek argues that he never refused to submit to a test: although he received a letter stating that his name had been randomly selected for testing, the letter did not establish a date and time to report...

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