Brown

Brown v. Civil Aeronautics Authority

Good Law
112 F.2d 737·1940 U.S. App. LEXIS 4999
United States Court of Appeals for the Ninth CircuitJune 7, 1940No. 9523California298 words

Opinion

Lead Opinion

Wilbur, J.

The petitioner has petitioned this court to review and set aside a decision of the Civil Aeronautics Authority. By its order the authority found that the petitioner had violated certain traffic regulations of the Los Angeles Municipal Airport and had misused an experimental aircraft. The authority ordered the suspension of petitioner’s commercial pilot’s certificate for a period of 60 days “and thereafter until he shall have demonstrated to the satisfaction of a designated representative of the authority, through a written examination given in accordance with section 20.5 of the Civil Air Regulations, that he is thoroughly familiar with parts 01 and 60 of the Civil Air Regulations and the local field traffic rules for Los Angeles Municipal Airport, Union Air Terminal, and Grand Central Air Terminal.”

In view of the fact that it would probably take more than 60 days to have the petition heard and decided in this court the petitioner asks for a supersedeas. If the suspension for 60 days was purely punitive the application might be granted but the order also requires that a written examination be had for the purpose of ascertaining whether or not the petitioner should be allowed to…

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