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FIVE FLAGS PIPE LINE CO. v. DEPARTMENT OF TRANSP.

Nos. 86-1556, 87-1127.

854 F.2d 1438 (1988)

FIVE FLAGS PIPE LINE COMPANY, et. al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent. FIVE FLAGS PIPE LINE COMPANY, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1988.

Attorney(s) appearing for the Case

Barbara Betsock, Atty., Dept. of Transp., with whom John R. Bolton, Asst. Atty. Gen., Washington, D.C., was on the brief, for respondent.

Gregory Grady, with whom Richard H. Davidson, Washington, D.C., was on the brief, for petitioners.

Before WALD, Chief Judge, and STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

These consolidated petitions for review challenge, on procedural and substantive grounds, two notices issued by the Department of Transportation's Research and Special Programs Administration (RSPA). The notices establish user fee schedules for fiscal years 1986 and 1987 pursuant to section 7005 of the Comprehensive Omnibus Budget Reconciliation Act of 1986 (COBRA), Pub...

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