United States Sixth Circuit
InterModal Techs., Inc. v. Peters, 07-2196
In an action claiming that the National Highway Traffic Safety Administration (NHTSA) acted arbitrarily and capriciously in denying plaintiff's application for a temporary exemption from a tractor-trailer safety standard, summary judgment for the NHTSA is affirmed where the NHTSA acted within its discretion in interpreting and applying its own regulation defining an antilock brake system (ABS), 49 C.F.R. section 571.121 S4.
Appellate Information
- Decided 12/10/2008
- Published 12/10/2008
Judges
- Before: KENNEDY, SUTTON and McKEAGUE, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ON BRIEF: J. Hatcher Graham, Law Office, Warner Robins, Georgia, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellees.