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United States DC Circuit


DUCHEK v. NAT'L TRANSP. SAFETY BD., 03-1185

FAA's revocation of petitioner's airman certificates - on the basis that he "refused" to submit to an unscheduled drug test - was not supported by the applicable regulations. The order is vacated and remanded.

Appellate Information

  • Argued 03/09/2004
  • Decided 04/20/2004
  • Published 04/20/2004

Judges

  • Before:  GINSBURG, Chief Judge, and RANDOLPH and ROBERTS, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • James E. Ramsey argued the cause and filed the briefs for petitioner.

  • For Appellees:
  • Agnes M. Rodriguez, Attorney, Federal Aviation Administration, argued the cause for respondents.   With her on the brief was Peter J. Lynch, Assistant Chief Counsel.  Allan H. Horowitz, Attorney, entered an appearance.
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