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AMERICAN PUBLIC TRANSIT ASS'N v. LEWIS

No. 80-1497.

655 F.2d 1272 (1981)

AMERICAN PUBLIC TRANSIT ASSOCIATION, et al., Appellants, v. Andrew L. LEWIS, Jr., Secretary, United States Department of Transportation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Barry J. Cutler, Washington, D. C., for appellants.

Barry L. Gordon, Atty., Dept. of Justice, for appellees. Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Anthony Steinmeyer and Margaret E. Clark, Attys., Dept. of Justice, Washington, D. C., were on the brief for appellees. Mary A. McReynolds, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellees.

Before MacKINNON, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

Opinion filed by Circuit Judge HARRY T. EDWARDS, concurring in the result.

MIKVA, Circuit Judge:

Petitioners challenge certain regulations promulgated by the Department of Transportation (DOT or Department) on May 31, 1979, to implement section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act), 29 U.S.C. § 794 (Supp. III 1979), section 16 of the Urban Mass Transit Act of 1964 (UMTA)...

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