COUSINS v. SECRETARY OF THE U.S. DEPT. OF TRANSP.

No. 88-1106.

880 F.2d 603 (1989)

Michael COUSINS, Plaintiff, Appellant, v. SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 24, 1989.


Attorney(s) appearing for the Case

Harold L. Lichten, Lewiston, Me., Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, P.C., Marc P. Charmatz, Washington, D.C., and Sarah S. Geer, Nat. Ass'n of the Deaf Legal Defense Fund, Alexandria, Va., and Sy Dubow and E. Elaine Gardner, Nat. Center for Law and the Deaf, Washington, D.C., on brief, for plaintiff, appellant.

Stewart E. Schiffer, Acting Asst. Atty. Gen., Richard S. Cohen, U.S. Atty., Augusta, Me., and Michael Jay Singer and Robert K. Rasmussen, Appellate Staff, Civ. Div. Dept. of Justice, Washington, D.C., on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES, BREYER, TORRUELLA and SELYA, Circuit Judges.


OPINION EN BANC

BREYER, Circuit Judge.

Appellant Michael Cousins, who is deaf, obtained a Maine driver's license permitting him to drive a truck with a tractor trailer. A federal Department of Transportation (DOT) rule, however, prevents him from working as a truck driver. 49 C.F.R. § 391.41(b)(11) (1987) (a "person is physically qualified to drive a motor vehicle if that person ... [f]irst perceives a forced whispered voice in the better ear at not...

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