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CARPENTER v. MINETA

No. 04-71221.

432 F.3d 1029 (2005)

Robert E. CARPENTER, Petitioner, v. Norman Y. MINETA, Secretary of Transportation; Joseph H. Boardman, Federal Railroad Administrator; Federal Railroad Administration; Department of Transportation, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2005.

Attorney(s) appearing for the Case

Lawrence M. Mann, Bethesda, MD, for the petitioner.

Colleen A. Brennan, Department of Transportation, Washington, DC, for the respondents.

Before FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.

FARRIS, Circuit Judge.

Petitioner challenges the Federal Railroad Administration's decision that he was properly denied certification as a locomotive engineer by his employer-railroad. The FRA Administrator upheld a prior administrative decision that concluded that there was no authority under the administrative dispute resolution regulations to order Petitioner retrained and retested or certified as an engineer. Petitioner...

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