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CENTER FOR AUTO SAFETY v. COX

No. 76-1922.

580 F.2d 689 (1978)

CENTER FOR AUTO SAFETY et al. v. William M. COX, Individually, and as Federal Highway Administrator, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1978.

As Amended June 14, 1978.

Attorney(s) appearing for the Case

Judith S. Feigin, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Rex E. Lee, Asst. Atty. Gen., Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., was on brief, for appellants.

L. Irene Bowen, Washington, D. C., for appellee. Mark Steinbach and Clarence M. Ditlow, III, Washington, D. C., were on brief for appellees.

Charles A. Miller, Washington, D. C., filed a brief on behalf of A.A.S.H.T.O., amicus curiae urging the order of the District Court be vacated. George D. Busbee, and David R. Trippe, Atlanta, Ga., filed a brief on behalf of National Governors Conference, amicus curiae urging that the order of the District Court be set aside.

Before WRIGHT, Chief Judge, and BAZELON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge.

In this action, begun in the District Court by Center for Auto Safety, the court held that the American Association of State Highway and Transportation Officials (AASHTO) is an advisory committee to the Federal Highway Administration (FHWA) within the meaning of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. I. Center for Auto Safety v. Tiemann, 414...

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