OWNER-OPERATOR INDEPENDENT DRIVERS ASS'N v. PENA

No. 92-1662.

996 F.2d 338 (1993)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.; Ruth F. Jones; John S. Tuttle, doing business as J-T Trucking; Gordon Betts, Petitioners, v. Federico F. PENA, Secretary, U.S. Department of Transportation; E. Dean Carlson, Acting Administrator, Federal Highway Administration; United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1993.


Attorney(s) appearing for the Case

Paul D. Cullen, Washington, DC, argued the cause for the petitioners. With him on the briefs were K. Michael O'Connell and Daniel J. Harrold, Washington, DC.

Robert V. Zener, Appellate Litigation Counsel, U.S. Dept. of Justice, Washington, DC, argued the cause for the respondents. With him on the brief was Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, DC.

Erika Z. Jones, John J. Sullivan, Washington, DC, and Daniel R. Barney, Alexandria, VA were on the brief for amicus curiae, The American Trucking Associations, Inc.

Before: WALD, HENDERSON, and RANDOLPH, Circuit Judges.


RANDOLPH, Circuit Judge:

The first — and, as it turns out, the last — question we must decide in this case is whether we have jurisdiction to hear it. Invoking the Hobbs Act, 28 U.S.C. § 2342, three commercial truck drivers and an organization representing truck owner-operators filed a petition for review challenging, under the Fourth Amendment to the Constitution, the Department of Transportation's funding of a pilot program in four states to conduct...

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