Narrative:

Aircraft #1 was cleared to 9000 ft (as specified on the original clearance from clearance delivery). On departure and at an altitude of about 7500 ft, controller called traffic at 11 O'clock, air carrier Y B737 at about 8000 ft. Traffic appeared on TCASII (TA only) and at about 8200 ft. Traffic was visually sighted and appeared to be at the most 1000 ft above (TCASII confirmed this). Aircraft #1 immediately leveled off at about 8300 ft, just after which the controller instructed aircraft #1 to descend immediately to 8000 ft, which we did. Aircraft #2 claimed that they climbed a certain amount to maintain visual separation. Aircraft #1 (us) told the controller that we had been cleared to 9000 ft, and that we had visual contact with the traffic. The controller did not respond to this statement. I believe the reason for this occurrence was a mistaken belief by the controller that we had been cleared to 8000 ft, rather than 9000 ft. I believe that good judgement and situational awareness by both aircraft prevented the 2 aircraft from passing closer together.

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Original NASA ASRS Text

Title: FLC OF AN EMBRAER E120 STOPPED CLBOUT AFTER VISUALLY SIGHTING A B737 ABOVE THEM. DEP CTLR HAD ISSUED A TA AND INSTRUCTED RPTR TO DSND.

Narrative: ACFT #1 WAS CLRED TO 9000 FT (AS SPECIFIED ON THE ORIGINAL CLRNC FROM CLRNC DELIVERY). ON DEP AND AT AN ALT OF ABOUT 7500 FT, CTLR CALLED TFC AT 11 O'CLOCK, ACR Y B737 AT ABOUT 8000 FT. TFC APPEARED ON TCASII (TA ONLY) AND AT ABOUT 8200 FT. TFC WAS VISUALLY SIGHTED AND APPEARED TO BE AT THE MOST 1000 FT ABOVE (TCASII CONFIRMED THIS). ACFT #1 IMMEDIATELY LEVELED OFF AT ABOUT 8300 FT, JUST AFTER WHICH THE CTLR INSTRUCTED ACFT #1 TO DSND IMMEDIATELY TO 8000 FT, WHICH WE DID. ACFT #2 CLAIMED THAT THEY CLBED A CERTAIN AMOUNT TO MAINTAIN VISUAL SEPARATION. ACFT #1 (US) TOLD THE CTLR THAT WE HAD BEEN CLRED TO 9000 FT, AND THAT WE HAD VISUAL CONTACT WITH THE TFC. THE CTLR DID NOT RESPOND TO THIS STATEMENT. I BELIEVE THE REASON FOR THIS OCCURRENCE WAS A MISTAKEN BELIEF BY THE CTLR THAT WE HAD BEEN CLRED TO 8000 FT, RATHER THAN 9000 FT. I BELIEVE THAT GOOD JUDGEMENT AND SITUATIONAL AWARENESS BY BOTH ACFT PREVENTED THE 2 ACFT FROM PASSING CLOSER TOGETHER.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.