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NEWTON v. F.A.A.

No. 05-9548.

457 F.3d 1133 (2006)

Robert W. NEWTON, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Tenth Circuit.

August 8, 2006.

Attorney(s) appearing for the Case

D. Scott Crook, (R. Christopher Preston, on the brief), Smith Hartvigsen, PLLC, Salt Lake City, UT, for Petitioner.

Susan S. Caron, Attorney (Peter J. Lynch, Assistant Chief Counsel, on the brief), Enforcement Division, AGC-300, Federal Aviation Administration, Washington, DC, for Respondent.

Before KELLY, SEYMOUR, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

This case arises under the Federal Aviation Act, 49 U.S.C. § 40101 et seq. (as amended). Robert Newton petitions for our review of an order of the National Transportation Safety Board (NTSB) determining that it lacked jurisdiction to review the decision of the Utah Air National Guard (ANG) to withdraw permanently Mr. Newton's air-traffic-control-specialist (ATCS) certificate. We have jurisdiction under 49 U.S.C. §§ 1153, 44709...

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