Ronald S. Miller v. Jeff Rich and National Transportation Safety Board

ORDER

The memorandum disposition filed December 31, 1987, 836 F.2d 553 , is hereby amended and redesignated an opinion authored by Judge Marquez, per the attached opinion.

OPINION

On January 1, 1987, a single engine North American T-28C aircraft crashed into an open field south of the Van Nuys Airport in Van Nuys Airport in Van Nuys, California. The crash occurred shortly after takeoff. Of the two occupants of the plane, only one survived. Appellant, the owner of the aircraft was not one of the occupants.

Appellee Rich, in his official capacity with Appellee National Transportation Safety Board, assumed custody of the wreckage. In accordance with its regulatory and investigative authority, the NTSB planned to disassemble and inspect the engine. On January 12, 1987, Appellant brought an action seeking declaratory and injunctive relief. Appellant sought to enjoin the inspection and disassembly of the engine until his representative had been authorized to observe the inspection. On January 30, 1987, the District Court denied the motion for preliminary injunction.

On February 11, 1987, the District Court denied Appellant’s motion for an injunction pending appeal. This Court…