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DANDINO, INC. v. U.S. DEPT. OF TRANSP.

No. 11-72113.

729 F.3d 917 (2013)

DANDINO, INC., Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION; Federal Motor Carrier Safety Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2013.

Attorney(s) appearing for the Case

Jeffrey D. Nadel (argued), Law Office of Jeffrey D. Nadel, Encino, CA, for Petitioner.

Jonathan H. Levy (argued), Michael Jay Singer , and Constance A. Wynn , Attorneys; Tony West , Assistant Attorney General; Stuart F. Delery , Acting Assistant Attorney General; United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges, and LEE H. ROSENTHAL, District Judge.

OPINION

M. SMITH, Circuit Judge:

Dandino, Inc. petitions under 49 U.S.C. § 521(b)(9) for review of an order of the Federal Motor Carrier Safety Administration (FMCSA, or the Agency). The Agency asserts that Dandino's petition is untimely, and should be dismissed without consideration of its merits. Because we hold that § 521(b)(9) permits a party to file a petition for review with the proper court of appeals...

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