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WARD v. SKINNER

No. 90-2141.

943 F.2d 157 (1991)

Alden WARD, Petitioner, v. Samuel SKINNER, in his Official Capacity as Acting Secretary of the United States Department of Transportation.

United States Court of Appeals, First Circuit.

Decided September 6, 1991.

Attorney(s) appearing for the Case

Harold L. Lichten, with whom Deborah Piltch and Jane K. Alper, Disability Law Center, Inc., and Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, P.C., Boston, Mass., were on brief, for petitioner.

Steven M. Colloton, Sp. Asst., Office of Legal Counsel, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Robert V. Zener, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., were on brief, for respondent.

Before BREYER, Chief Judge, SELYA, Circuit Judge, and PETTINE, Senior District Judge.

BREYER, Chief Judge.

Alden Ward, a truck driver with a history of epilepsy, takes anticonvulsant drugs and has had no seizures for seven years. The Secretary of Transportation nonetheless has denied Ward's request to waive a Department of Transportation (DOT) safety rule that disqualifies those with a history of epilepsy from driving trucks in interstate commerce. See 49 U.S.C. app. § 2505(a)(3) (authorizing Secretary to issue safety regulations); 49 C...

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