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MIDWEST CRANE v. FEDERAL MOTOR CARRIER SAFETY

No. 09-9520.

603 F.3d 837 (2010)

MIDWEST CRANE AND RIGGING, INC., Petitioner, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, Tenth Circuit.

April 27, 2010.

Attorney(s) appearing for the Case

Kurt S. Brack of Holbrook & Osborn, P.A., Overland Park, KS, for Petitioner.

Sushma Soni, Attorney, Department of Justice, Washington, DC (Tony West, Assistant Attorney General, and Thomas M. Bondy, Attorney, Department of Justice, Washington, DC; Robert S. Rivkin, General Counsel, Paul M. Geier, Assistant General Counsel for Litigation, and Paul Samuel Smith, Senior Trial Attorney, Department of Transportation, Washington, DC; and David K. Tochen, Acting Chief Counsel, Federal Motor Carrier Safety Administration, Washington, DC, with her on the brief), for Respondent.

Before KELLY, SEYMOUR and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

Midwest Crane and Rigging, Inc. ("Midwest") petitions for review of the Federal Motor Carrier Safety Administration ("FMCSA") determination that it is a "commercial motor carrier" subject to the agency's jurisdiction. We deny the Petition for Review.

I.

The Interstate Commerce Commission ("ICC") was initially the regulating body for motor carriers. See Motor Carrier Act, Pub.L. No. 74-255, 49 Stat. 543 (1935). In 1966...

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