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CARPENTER v. DEPARTMENT OF TRANSP.

Nos. 92-15943, 92-70253.

13 F.3d 313 (1994)

Robert L. CARPENTER, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION; Samuel K. Skinner, Secretary of the Department of Transportation; Federal Highway Administration, et al., Defendants-Appellees. Robert L. CARPENTER, Plaintiff-Petitioner, v. DEPARTMENT OF TRANSPORTATION, et al., Defendants-Respondents.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1994.

Attorney(s) appearing for the Case

Linda D. Kilb, Disability Rights Educ. and Defense Fund, Inc., Berkeley, CA, for plaintiff-appellant-petitioner.

Robert Zener, Dept. of Justice, Washington, DC, for defendants-respondents-appellees.

Before: TANG, TROTT and FERNANDEZ, Circuit Judges.

TROTT, Circuit Judge:

The central question in this case is whether a Federal Highway Administration (FHWA) safety regulation can be challenged in district court under § 504 of the Rehabilitation Act, 29 U.S.C. § 794, or whether the Hobbs Act, 28 U.S.C. §§ 2321, 2342, requires that such a challenge be brought only in the court of appeals. We hold that because the Hobbs Act grants exclusive jurisdiction for review of FHWA regulations to the court...

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