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RADIO ASS'N v. U.S. DEPT. OF TRANSP. FED. HW. ADMIN.

No. 94-3140.

47 F.3d 794 (1995)

RADIO ASSOCIATION ON DEFENDING AIRWAVE RIGHTS, INC.; Frank Figuero, Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1995.

Attorney(s) appearing for the Case

Steven P. Resnick (argued and briefed), Annapolis, MD, and David B. Sloan, O'Hara, Ruberg & Taylor, Covington, KY, for petitioners.

Katherine S. Gruenheck (argued and briefed), and Robert V. Zener, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for respondent.

K. Michael O'Connell (briefed), Collier, Shannon, Rill & Scott, Washington, DC, W. Gary Blackburn (briefed), Blackburn & Slobey, Nashville, TN, Kenneth E. Siegel (briefed), Alexandria, VA, Michele M. Fields (briefed), Ins. Institute for Highway Safety, Arlington, VA, and Henry M. Jasny (briefed), Washington, DC, for amici curiae.

Before: JONES and MILBURN, Circuit Judges; and COHN, District Judge.

MILBURN, Circuit Judge.

Petitioners Radio Association on Defending Airwave Rights, Inc. (RADAR) and Frank Figuero, a commercial motor vehicle operator, petition this Court to review, enjoin, and set aside a regulation of the Federal Highway Administration prohibiting the use of radar detectors in commercial motor vehicles. On petition for review, the issues are: (1) whether the agency arbitrarily and capriciously promulgated the rulemaking, based on evidence in the...

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