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AMERICAN TRUCKING ASSOCIATIONS v. FED. HWY. ADMIN.

No. 94-1209.

51 F.3d 405 (1995)

AMERICAN TRUCKING ASSOCIATIONS, INCORPORATED, Petitioner, v. FEDERAL HIGHWAY ADMINISTRATION; United States Department of Transportation; United States of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1995.

Attorney(s) appearing for the Case

ARGUED: Erika Ziebarth Jones, Mayer, Brown & Platt, Washington, DC, for petitioner. John Crawford Hoyle, Civ. Div., U.S. Dept. of Justice, Washington, DC, for respondents. ON BRIEF: Laurie R. Rubenstein, Mayer, Brown & Platt, Washington, DC, Daniel R. Barney, Lynda S. Mounts, ATA Litigation Center, Alexandria, VA, for petitioner. Frank W. Hunger, Asst. Atty. Gen., Robert V. Zener, Appellate Litigation Counsel, Civ. Div., U.S. Dept. of Justice, Washington, DC, for respondents.

Before NIEMEYER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the majority opinion, in which Judge NIEMEYER joined. Judge LUTTIG wrote an opinion concurring in the judgment.

OPINION

PHILLIPS, Senior Circuit Judge:

The American Trucking Associations, Inc. ("ATA"), the national trade association of the trucking industry, petitions for review of a final rule issued by the Department of Transportation ("DOT") and the Federal Highway Administration...

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