45 Fed. R. Evid. Serv. 393, 96 Cal. Daily Op. Serv. 5889, 96 Daily Journal D.A.R. 9686 Bonnie Lee Mendenhall v. National Transportation Safety Board Federal Aviation Administration

92 F.3d 871 45 Fed. R. Evid. Serv. 393 , 96 Cal. Daily Op. Serv. 5889, 96 Daily Journal D.A.R. 9686 Bonnie Lee MENDENHALL, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; Federal Aviation Administration, Respondents. No. 94-70320. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1996. Decided Aug. 8, 1996. Joseph D. Kuchta, Kuchta & Brinker, Washington, D.C., for petitioner. Wilton J. Smith, Federal Aviation Administration, Washington, D.C., for respondents. Petition to Review a Decision of the National Transportation Safety Board. Before REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We must decide whether the Federal Aviation Administration was substantially justified in filing a complaint before the National Transportation Safety Board against a commercial pilot who had successfully passed a reexamination. 2 * Bonnie Lee Mendenhall is a commercial pilot. After failing numerous practical tests between September 1988 and November 1991, including reexaminations of her Airline Transport Pilot ("ATP") status, she was notified that the Federal Aviation Administration ("FAA") intended to reexamine her instrument…