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MORTGAGE BANKERS ASS'N v. HARRIS

No. 12-5246.

720 F.3d 966 (2013)

MORTGAGE BANKERS ASSOCIATION, Appellant v. Seth D. HARRIS, Sued in his official capacity, Acting Secretary of United States Department of Labor, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2013.

Attorney(s) appearing for the Case

Michael W. Steinberg argued the cause for appellant. With him on the briefs were Sam S. Shaulson and David M. Kerr .

Anthony J. Steinmeyer , Assistant Director, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Douglas N. Letter , Director.

Sundeep Hora and Adam W. Hansen were on the brief for intervenors-appellees Jerome Nickols, et al.

Opinion for the Court by Circuit Judge BROWN.

BROWN, Circuit Judge:

The tandem of Paralyzed Veterans of America v. D.C. Arena L.P., 117 F.3d 579 (D.C.Cir.1997) and Alaska Professional Hunters Ass'n v. FAA, 177 F.3d 1030 (D.C.Cir.1999) ("Alaska Hunters") announced an ostensibly straightforward rule: "When an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the...

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