Andrzejewski v. Federal Aviation Administration

ORDER AND AMENDED OPINION

ORDER

The opinion filed December 3, 2008, slip op. at 15885 [548 F.3d 1257], is hereby amended as follows:

slip op. at 15890 [548 F.3d at 1260],

line 32 Replace <The ALJ simply gave more weight to Andrzej ewski’s witnesses than to those of the FAA because of Andrzej ewski’s witnesses’ greater experience and familiarity with the flight characteristics of an Edge aircraft. This is precisely what triers-of-fact should do when confronted with expert witnesses whose testimony conflicts on such basic issues as whether the pilot operated the particular plane in an “aerobatic…