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SIMMS v. NHTSA

Nos. 93-3239, 93-4087.

45 F.3d 999 (1995)

Debra SIMMS and Lyle Stephens, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; United States Department of Transportation; and Federico Pena, Secretary, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 19, 1995.

Attorney(s) appearing for the Case

Lynwood E. Beekman (briefed), Sharon L. LaPointe (argued), White, Beekman, Przybylowicz, Schneider & Baird, Okemos, MI, for petitioners.

Irene M. Solet (argued and briefed), U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC (on brief: John C. Womack, Acting Chief Counsel, Kenneth N. Weinstein, Asst. Chief Counsel, Allan J. Kam, Senior Trial Atty., National Highway Traffic Safety Admin., Dept. of Transp.), for respondents in No. 93-3239.

Irene M. Solet (argued and briefed), Douglas N. Letter, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC (on brief: John C. Womack, Acting Chief Counsel, Kenneth N. Weinstein, Asst. Chief Counsel, Allan J. Kam, Senior Trial Atty., National Highway Traffic Safety Admin., Dept. of Transp.), for respondents in No. 93-4087.

Before: LIVELY and SUHRHEINRICH, Circuit Judges; and DUGGAN, District Judge.

LIVELY, Circuit Judge.

This petition for review of final action by the National Highway Traffic Safety Administration (NHTSA) of the Department of Transportation arises under the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Safety Act), 15 U.S.C. §§ 1381-1431 (1988). The case concerns standards for the safe transportation on school buses of students in wheelchairs. The petitioners contend that the final rule relating to wheelchairs...

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