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MST EXP. v. DEPARTMENT OF TRANSP.

No. 96-1084.

108 F.3d 401 (1997)

MST EXPRESS and Truckers United for Safety, Petitioners, v. DEPARTMENT OF TRANSPORTATION and Federal Highway Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 1997.

Attorney(s) appearing for the Case

Anthony J. McMahon, Trenton, NJ, argued the cause and filed the briefs for petitioners.

Edward R. Cohen, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for respondents, with whom Frank W. Hunger, Assistant Attorney General, and Robert S. Greenspan, Attorney, were on the brief.

Before: SILBERMAN, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

MST Express and Truckers United for Safety petition for review of an order in which the Federal Highway Administration denied both their administrative petition for review of MST's "conditional" safety rating and their challenge to the lawfulness of the FHWA's safety regulation procedures. The petitioners contend that the agency improperly relied upon an unpublished regulation...

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