Morris v. Helms

681 F.2d 1162 Larry A. MORRIS, Appellant, v. J. Lynn HELMS, Administrator Federal Aviation Administration; Drew Lewis, Secretary, United States Department of Transportation; and the United States of America, Appellee. No. 81-5804. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1982. Decided July 21, 1982. 1 Ronald Siegel, Little, Fisher, Brady, Bromley & Seigel, P. C., Tucson, Ariz., for appellant. 2 Virginia Mathis, Asst. U. S. Atty., Tucson, Ariz., for appellee. 3 On appeal from the United States District Court for the District of Arizona. 4 Before ANDERSON and FERGUSON, Circuit Judges, and CROCKER * , District Judge. CROCKER, District Judge: 5 The District Court dismissed plaintiff-appellant's complaint on the basis that it lacked jurisdiction to hear the case, since the Court of Appeals has original jurisdiction pursuant to 49 U.S.C. § 1486 (a). 6 Upon consideration of the record, briefs and oral argument, we reverse the District Court's holding that the Court of Appeals has original jurisdiction. 7 49 U.S.C. § 1486 (a) provides that an "order issued ... under this chapter shall be subject to review by the Courts of Appeal of the…