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  5. 833 F.2d 1333 (1987)
 

CAL. ASS'N OF THE PHYSICALLY HANDICAPPED v. F.C.C.

No. 86-7142.

833 F.2d 1333 (1987)

CALIFORNIA ASSOCIATION OF THE PHYSICALLY HANDICAPPED, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1987.

As Amended February 5, 1988.

Attorney(s) appearing for the Case

Stanley Fleishman, Los Angeles, Cal., for petitioner.

Sue Ann Preskill and C. Grey Pash, Jr., Washington, D.C., for respondent.

Before GOODWIN, ALARCON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge.

The California Association of the Physically Handicapped, Inc. (CAPH) petitions for review of a Federal Communications Commission (FCC) order denying its petition for rulemaking. The FCC moves to dismiss for lack of jurisdiction. The issue is whether the time limitation set forth in 28 U.S.C. § 2344 (1982) is jurisdictional. We hold that the statute is jurisdictional and dismiss the petition.

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