SWATERS v. OSMUS

No. 08-15409.

568 F.3d 1315 (2009)

Jeffrey R. SWATERS, Petitioner, v. Lynne A. OSMUS, Acting Administrator, Federal Aviation Administration, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 26, 2009.


Attorney(s) appearing for the Case

Michael J. Ferrin, Law Office of Michael J. Ferrin, West Palm Beach, FL, for Swaters.

Agnes M. Rodriguez, FAA, Office of Chief Counsel, Washington, DC, for Osmus.

Before MARCUS and PRYOR, Circuit Judges, and SCHLESINGER, District Judge.


MARCUS, Circuit Judge:

Appellant Jeffrey Swaters, a pilot formerly employed by Spirit Airlines, had his pilot and medical certificates revoked by the Federal Aviation Administration ("FAA") after failing a random drug test. The FAA's decision was upheld by an administrative law judge ("ALJ"), whose ruling was in turn affirmed by the National Transportation Safety Board ("NTSB" or "the Board"). Swaters petitions for review of the NTSB's decision in this Court. After...

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