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ERWIN v. F.A.A.

No. 20-1443.

23 F.4th 999 (2022)

Charles ERWIN, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Filed December 28, 2021.

Decided January 14, 2022.

Attorney(s) appearing for the Case

Joshua D. Burns , argued the cause for petitioner. On the briefs was D. Michael McBride III .

Casey E. Gardner , Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent.

Before: Henderson, Tatel and Wilkins, Circuit Judges.

When Charles Erwin, a commercial airline pilot with a diagnosed alcohol dependence, tested positive for alcohol, the Federal Aviation Administration (FAA) withdrew his medical certification required for flight. Erwin, whose test came less than a day after consuming food prepared

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