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FLAT CREEK TRANSP. v. FEDERAL MOTOR CARRIER SAFETY

No. 17-14670.

923 F.3d 1295 (2019)

FLAT CREEK TRANSPORTATION, LLC, an Alabama Limited Liability Company, Plaintiff-Appellant, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Kenny Price, in his capacity as Alabama Division Administrator (Federal Motor Carrier Safety Administration), Elaine L. Chao, in her capacity as Secretary of the United States Department of Transportation, Defendants-Appellees, Anthony R. Foxx, in his capacity as Secretary of the United States Department of Transportation, Defendant.

United States Court of Appeals, Eleventh Circuit.

May 9, 2019.

Attorney(s) appearing for the Case

James F. Noble, III , Noble & Noble, PLLC, Ridgeland, MS, Jeremy Patrick Taylor , Carr Allison Howard Oliver & Sisson, Daphne, AL, for Plaintiff-Appellant.

Gerard J. Sinzdak , Attorney, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, U.S. Attorney Service — Middle District of Alabama, U.S. Attorney's Office, Montgomery, AL, for Defendant-Appellee FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

U.S. Attorney Service — Middle District of Alabama, U.S. Attorney's Office, Montgomery, AL, for Defendant-Appellee KENNY PRICE, ELAINE L. CHAO.

Before TJOFLAT, NEWSOM, and GILMAN, Circuit Judges.

Flat Creek Transportation sued for declaratory and injunctive relief on the ground that the Federal Motor Carrier Safety Administration had unfairly targeted it for compliance reviews and used an unsound methodology in doing so. The district court determined that it lacked subject matter jurisdiction to consider Flat Creek...

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