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EZZELL TRUCKING v. FEDERAL MOTOR CARRIER SAFETY

No. 01-1357.

309 F.3d 24 (2002)

EZZELL TRUCKING, INC., Petitioner, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 2002.

Attorney(s) appearing for the Case

Timothy W. Wiseman argued the cause for petitioner. With him on the briefs were Laurie T. Baulig and Daniel R. Barney.

August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was John C. Hoyle, Special Counsel. Mark S. Davies, Attorney, U.S. Department of Justice, entered an appearance.

Before: HENDERSON, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

A commercial motor carrier petitions for review of a Federal Motor Carrier Safety Administration order upgrading the company's safety rating to "satisfactory" — the highest possible rating — but letting stand a finding that the company had violated regulations concerning pre-employment drug testing of drivers. Because petitioner has failed to demonstrate that the drug testing...

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