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POLYWEAVE PACKAGING, INC. v. BUTTIGIEG

No. 21-5929.

51 F.4th 675 (2022)

POLYWEAVE PACKAGING, INC., a Delaware corporation, Plaintiff-Appellant, v. Peter Paul Montgomery BUTTIGIEG, Secretary, United States Department of Transportation, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2022.

Attorney(s) appearing for the Case

ARGUED: Sheng Li , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., for Appellant. Edward Himmelfarb , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Sheng Li , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., Christopher Wiest , CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, for Appellant. Edward Himmelfarb , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ROGERS, J., delivered the opinion of the court in which KETHLEDGE, J., joined. MURPHY, J. (pp. 686-93), delivered a separate opinion concurring in the judgment.

OPINION

When Congress places judicial review of certain types of agency action in the court of appeals rather than the district court, this jurisdictional allocation cannot be circumvented by suing in the district court to challenge agency procedures used (or omitted) in the proceedings leading to such actions, at...

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