Nos. 98-5047 and 98-5069.

158 F.3d 1350 (1998)

UNITED STATES of America, Appellee, v. CHRYSLER CORPORATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1998.

Attorney(s) appearing for the Case

John G. Roberts, Jr. argued the cause for appellant. With him on the briefs were Gregory G. Garre and Erika Z. Jones. Lawrence S. Robbins entered an appearance.

Irene M. Solet, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, U.S. Attorney, Douglas N. Letter, Appellate Litigation Counsel, U.S. Department of Justice, and Enid Rubenstein, Attorney, National Highway Traffic Safety Administration. Michael E. Robinson, Attorney, U.S. Department of Justice, entered an appearance.

Andrew D. Koblenz, Charles H. Lockwood, Alan Charles Raul and Thomas W. Merrill were on the brief for amici curiae American Automobile Manufacturers, et al. Daniel J. Popeo and Paul D. Kamenar entered appearances.

Before: EDWARDS, Chief Judge, SILBERMAN and RANDOLPH, Circuit Judges.

EDWARDS, Chief Judge:

Under the National Traffic and Motor Vehicle Safety Act ("NTMVSA" or "Act"), the National Highway Traffic Safety Administration ("NHTSA") may seek the recall of a motor vehicle either when a vehicle has "a defect related to motor vehicle safety" or when a vehicle "does not comply with an applicable motor vehicle safety standard." 49 U.S.C. § 30118(b) (1994). These provisions are not mutually exclusive, nor are they coterminous...

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