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NATIONAL ASSOCIATION OF MOTOR BUS OWNERS v. BRINEGAR

No. 71-1268.

483 F.2d 1294 (1973)

NATIONAL ASSOCIATION OF MOTOR BUS OWNERS et al., Appellants, v. Claude S. BRINEGAR, Secretary of the Department of Transportation.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1973.

Rehearing Denied August 22, 1973.

Attorney(s) appearing for the Case

Robert J. Corber, Arlington, Va., for appellant National Association of Motor Bus Owners, et al.

Francis A. Silver, Arlington, Va., for appellant American Transit Ass'n, Milwaukee & Suburban Transport Corp., and the City Transit Co.

Peter T. Beardsley and Richard A. Mehley were on the brief for appellant American Trucking Associations, Inc.

Joseph B. Scott, Atty., Dept. of Justice, for appellee. L. Patrick Gray, III, Asst. Atty. Gen. at the time the brief was filed, Thomas A. Flannery, U. S. Atty. at the time the brief was filed, Alan S. Rosenthal and Judith S. Ziss, Attys., Dept. of Justice, were on the brief for appellee.

Before WADE H. McCREE, Jr., Circuit Judge for the Sixth Circuit, and ROBINSON and ROBB, Circuit Judges.

ROBB, Circuit Judge:

In this action for declaratory judgment and injunctive relief the appellants challenge regulations promulgated by the Secretary of Transportation and the Acting Administrator of the Federal Highway Administration. The regulations, issued under section 204 of the Traffic and Motor Vehicle Safety Act of 19661 (80 Stat. 729, 15 U.S.C. § 1424 (1970)) govern the sale and use of regrooved tires.2<...

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