United States Federal Circuit

The FAA properly removed an air traffic controller, for failure to maintain the minimum spatial separation between aircraft that she was tracking, instead of providing her with additional training; two prior similar incidents were appropriately considered in the FAA's decision.

Appellate Information

• Decided 06/25/2002
• Published 06/25/2002

Judges

• FRIEDMAN, Senior Circuit Judge., Before BRYSON, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William W. Osborne, Jr.,Osborne Law Offices, P.C., of Washington, DC, argued for petitioner.   With him on the brief was Michael Doherty, Deputy General Counsel, National Air Traffic Controllers Association, AFL-CIO, of Washington, DC.


• For Appellees:
  
• Heide L. Herrmann, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel was Peter J. Hannums, Attorney, Federal Aviation Administration, Office of the Chief Counsel, of Washington, DC.