United States Tenth Circuit

In a petition for review of the Federal Motor Carrier Safety Administration's (FMCSA) determination that petitioner was a "commercial motor carrier" subject to the agency's jurisdiction, the petition is denied where the record indicated that petitioner's self-propelled cranes were designed to operate, and did operate, in highway traffic to transport property in the performance of a commercial function.

Appellate Information

• Decided 04/27/2010
• Published 04/27/2010

Judges

• SEYMOUR, Circuit Judge., Before KELLY, SEYMOUR and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kurt S. Brack of Holbrook & Osborn, P.A., Overland Park, KS, for Petitioner.


• For Appellees:
  
• Sushma Soni, Attorney, Department of Justice, Washington, D.C. (Tony West, Assistant Attorney General, and Thomas M. Bondy, Attorney, Department of Justice, Washington, D.C.; Robert S. Rivkin, General Counsel, Paul M. Geier, Assistant General Counsel for Litigation, and Paul Samuel Smith, Senior Trial Attorney, Department of Transportation, Washington, D.C.; and David K. Tochen, Acting Chief Counsel, Federal Motor Carrier Safety Administration, Washington, D.C., with her on the brief), for Respondent.