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NL INDUSTRIES, INC. v. DEPARTMENT OF TRANSP.

No. 89-1089.

901 F.2d 141 (1990)

NL INDUSTRIES, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Richard P. Taylor, Washington, D.C., for petitioner.

Cynthia A. Dominik, Atty., F.A.A., with whom Allan H. Horowitz, Atty., F.A.A., Washington, D.C., was on the brief, for respondents.

B. Wayne Vance, Gen. Counsel, Dept. of Transp., Washington, D.C., also entered an appearance for Dept. of Transp.

Before BUCKLEY, D.H. GINSBURG, and SENTELLE, Circuit Judges.

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

Dissenting opinion filed by Circuit Judge BUCKLEY.

D.H. GINSBURG, Circuit Judge:

The Federal Aviation Administration found that NL Industries, Inc. violated the Hazardous Materials Transportation Act, 49 U.S.C. App. §§ 1801 et seq., and the Department of Transportation Hazardous Materials Regulations, 49 C.F.R. parts 171-77, which implement it, and assessed a penalty of $50...

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