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042698P.pdf   11/28/2005  Barry M. Cornish  v.  FAA
   U.S. Court of Appeals Case No:  04-2698
   Agency   
   [PUBLISHED] [Loken, Author, with Fagg and Bye, Circuit Judges]
Petition for Review - Order of the NTSB. The National Transportation Safety Board did not act arbitrarily or capriciously in applying its opinion in Administrator v. Hooper, 6 N.T.S.B. 559 (1988) to find that Cornish's appeal should be dismissed as untimely; Cornish forfeited judicial review of the agency's application of certain policy memoranda, as well as his stale complaint issue, when he failed to file a timely brief on appeal to the NTSB.