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United States DC Circuit


VAN DYKE v. NTSB, 01-1202

NTSB decision upholding a 45-day suspension of appellant's commercial pilot license was vacated where board failed to demonstrate substantial evidence that appellant was flying recklessly; observations of main witness were not inconsistent with appellant's version of the facts.

Appellate Information

  • Argued 03/04/2002
  • Decided 04/23/2002
  • Published 04/23/2002

Judges

  • Before:  EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Mark T. McDermott argued the cause for petitioner.   With him on the briefs was Peter J. Wiernicki.

  • For Appellees:
  • Robert P. Vente, Counsel, Federal Aviation Administration, argued the cause for respondents.   With him on the brief was Peter J. Lynch, Assistant Chief Counsel, Federal Aviation Administration.
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