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GABBARD v. F.A.A.

No. 07-3977.

532 F.3d 563 (2008)

Charles C. GABBARD, Petitioner, v. FEDERAL AVIATION ADMINISTRATION and The National Transportation Safety Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Charles W. Arnold, Arnold & Cowan, Lexington, Kentucky, for Petitioner. Agnes M. Rodriguez, Federal Aviation Administration, Office of The Chief Counsel, Washington, D.C., for Respondents. ON BRIEF: Charles W. Arnold, Arnold & Cowan, Lexington, Kentucky, for Petitioner. Agnes M. Rodriguez, Federal Aviation Administration, Office of the Chief Counsel, Washington, D.C., for Respondents.

Before: BATCHELDER and SUTTON, Circuit Judges; BARZILAY, Judge.

OPINION

SUTTON, Circuit Judge.

The Federal Aviation Administration (FAA) revoked Charles Gabbard's airman and medical certificates after he failed a drug test and after the FAA concluded that he piloted a chartered jet with a prohibited drug in his system. Because Gabbard has not shown that the agency's decision was arbitrary, capricious or otherwise not in accordance with the law, we deny his petition.

I.

On February 16, 2007, at 1:05...

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