Personally I would say no he isn't, he's just taking advantage of more poorly written rules from GW. Undoubtedly he'll say "but there's nothing that specifically says they all have to be Zooming!!" and he'll be right. However if a Flyer is in Hover mode it's no longer a Flyer in terms of rules but rather a Fast Skimmer. Skimmers, no matter how fast, are not eligible to be involved in Attack Formations as they all specifically state 'the Flyers' in reference to all rules put forth.
It's flimsy but then so are both sides of the argument to me. Talk it out with your pal and if you can't convince him at least your Flyers benefit from the same ruling, right? :dunno:
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