PETER PAN BUS LINES v. FED. MOTOR CARRIER SAFETY ADMINISTRATION

No. 05-1436.

471 F.3d 1350 (2006)

PETER PAN BUS LINES, INC. and BONANZA ACQUISITION, LLC, Petitioners v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2006.


Attorney(s) appearing for the Case

Jeremy Kahn argued the cause for the petitioners.

Kathy L. Krieger, Craig M. Cibak and Richard P. Schweitzer were on the joint brief for amici curiae American Bus Association, Inc. and Amalgamated Transit Union in support of petitioners.

Robert D. Kamenshine, Attorney, United States Department of Justice, argued the cause for the respondent. Peter D. Keisler, Assistant Attorney General, Robert S. Greenspan, Attorney, United States Department of Justice, Paul M. Geier, Assistant General Counsel, and Mary F. Withum, Senior Trial Attorney, United States Department of Transportation, were on brief.

Before: HENDERSON, TATEL and GRIFFITH, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

Concurring opinion filed by Circuit Judge TATEL.

KAREN LECRAFT HENDERSON, Circuit Judge.

Peter Pan Bus Lines, Inc. and its subsidiary Bonanza Acquisition, LLC (collectively, Peter Pan) seek review of a decision of the Federal Motor Carrier Safety Administration (FMCSA), an entity within the Department of Transportation (DOT). The challenged decision rejected Peter Pan's protest of an FMCSA decision...

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