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AIR BRAKE SYSTEMS, INC. v. MINETA

No. 02-1682.

357 F.3d 632 (2004)

AIR BRAKE SYSTEMS, INC., Plaintiff-Appellant, v. Norman Y. MINETA, in his capacity as Secretary of Transportation; National Highway Traffic Safety Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 11, 2004.

Attorney(s) appearing for the Case

Daniel L. Pulter (argued and briefed), David M. Lick (briefed), Loomis, Ewert, Parsley, Davis & Gotting, Lansing, MI, for Appellant.

Lloyd Guerci (briefed), National Highway Traffic Safety Admin., Washington, DC, Michael Jay Singer (briefed), Peter R. Maier (argued and briefed), U.S. Dept. of Justice Civ. Div., Appellate Section, Washington, DC, for Appellee.

Reginald Rose, III (briefed), Montgomery, AL, pro se.

Before KEITH, MARTIN, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

This case arises from a longstanding dispute between the National Highway Traffic Safety Administration (NHTSA) and Air Brake Systems, Inc. (Air Brake). Air Brake manufactures a "non-electronic" antilock brake system for trucks and trailers, which purports to comply with Federal Motor Vehicle Safety Standard 121, a NHTSA regulation concerning antilock brakes. When an Air Brake customer asked NHTSA whether a vehicle with Air...

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