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NATIONAL TRUCK EQUIP. v. NAT. HIGHWAY TRAFFIC SAFETY

No. 89-3713.

919 F.2d 1148 (1990)

NATIONAL TRUCK EQUIPMENT ASSOCIATION, Petitioner, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, United States Department of Transportation, and the United States of America, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Mark M. Levin, Kimberly Madigan, Christopher Eric Hagerup, Irving P. Margulies (argued), Mark H. Sidman, Weiner, McCaffrey, Brodsky & Kaplan, Washington, D.C., for petitioner.

Stephen P. Wood, Enid Rubenstein (argued), Kenneth N. Weinstein, National Highway Traffic Safety Admin., Washington, D.C., for National Highway Traffic Safety Admin.

Jim J. Marquez, U.S. Dept. of Transp., Washington, D.C., for United States Dept. of Transp.

Richard L. Thornburgh, Atty. Gen., U.S. Dept. of Justice, Anti-Trust Div. Appellate Section, Washington, D.C., for U.S.

Before MERRITT, Chief Judge, and MARTIN and GUY, Circuit Judges.

MERRITT, Chief Judge.

The U.S. market is significant for custom-made trucks below 10,000 pounds gross vehicle weight range used for delivery and other purposes. It is estimated that in 1987 there were 240,000 such trucks manufactured. In order to manufacture custom-made trucks, a customizer or fabricator, called a "final-stage manufacturer," starts with a truck chassis with engine, drive train, and steering column in place purchased from a first-stage truck manufacturer...

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