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USED EQUIPMENT SALES, INC. v. DEPT. OF TRANSP.

No. 93-1675.

54 F.3d 862 (1995)

USED EQUIPMENT SALES, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; Federico F. Pena, Secretary of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1995.

Attorney(s) appearing for the Case

William E. Kenworthy, Washington, DC, argued the cause and filed the briefs for petitioner.

Edward Himmelfarb, Attorney, Dept. of Justice, Washington, DC, argued the cause for respondents. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., and Freddi Lipstein, Attorney, Dept. of Justice, Washington, DC. Anthony J. Steinmeyer, Washington, DC, entered an appearance for respondents.

Before BUCKLEY, GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Used Equipment Sales, Inc., a motor carrier regulated under the Motor Carrier Safety Act of 1984, petitions for review in part of an order of the Federal Highway Administration determining that Used Equipment committed numerous violations of the Federal Motor Carrier Safety Regulations, 49 C.F.R. § 391, et seq., and assessing penalties therefor. We hold that the FHWA...

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