United States Ninth Circuit

A petition for review of the FAA's 120-day suspension of a pilot's license allegedly for "buzzing" on two flights over Mount Rushmore National Memorial and Crazy Horse Mountain is granted where the FAA denied petitioner due process when it failed to provide him with notice reasonably calculated, under all the circumstances, to notify him that his pilot's license had been suspended, so that he could timely exercise his right of appeal to the NTSB.

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• BEA, Circuit Judge:, Before: SCHROEDER, Chief Circuit Judge, KLEINFELD and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• C. Edward Adams, Esquire, Adams & Peterson, LLC, Gig Harbor, Washington, for the petitioner.


• For Appellees:
  
• James A. Barry, Esquire, United States Department of Transportation, Office of the Counsel General, Washington, D.C., and Ronald S. Battocchi, Federal Aviation Administration, Office of the Chief Counsel, Washington, D.C., for the respondents.