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MULTISTAR INDUSTRIES v. U.S. DEPT. OF TRANSP.

Nos. 12-73138, 12-73485.

707 F.3d 1045 (2013)

MULTISTAR INDUSTRIES, INC., dba Multifrost, Inc., Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION; Federal Motor Carrier Safety Administration, Respondents. Multistar Industries, Inc., dba Multifrost, Inc., Petitioner, v. U.S. Department of Transportation; Federal Motor Carrier Safety Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2013.

Attorney(s) appearing for the Case

Timothy W. Wiseman (argued) and Christopher C. McNatt, Jr. , Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN, for Petitioner.

Jonathan H. Levy (argued) and Matthew Collette , United States Department of Justice, Civil Division; Stuart F. Delery , Principal Deputy Assistant Attorney General; Robert S. Rivkin , General Counsel; Paul M. Geier , Assistant General Counsel for Litigation; Timothy H. Goodman , United States Department of Transportation; T.F. Scott Darling, III , Chief Counsel; Fred K. Ford , Assistant Chief Counsel; Jedd Miloud , Federal Motor Carrier Safety Administration, Washington, D.C., for Respondents.

Before: MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges, and JENNIFER G. ZIPPS, District Judge.

OPINION

BERZON, Circuit Judge:

Petitioner Multistar Industries, Inc. ("Multistar") is a for-hire motor carrier engaged in the business of transporting hazardous materials. As a result of a recent compliance review of Multistar's operations, conducted by the U.S. Department of Transportation Federal Motor Carrier Safety Administration ("FMCSA" or "the agency"), Multistar was assigned an "unsatisfactory" safety rating and, as a consequence, ordered to cease...

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