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PASTERNACK v. NATIONAL TRANSP. SAFETY BD.

No. 09-1139.

596 F.3d 836 (2010)

Fred Leroy PASTERNACK, Petitioner v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Kathleen A. Yodice argued the cause and filed the briefs for petitioner.

James F. Conneely, Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent. Susan Caron, Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

The Federal Aviation Administration revoked Fred Pasternack's airman certificates on the ground that Pasternack refused to take a mandatory drug test. The National Transportation Safety Board upheld the revocation order. Because a key finding on which the Board relied was not supported by substantial evidence, we grant the petition, vacate the Board's decision, and remand for further proceedings consistent with this opinion.

I

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