Dandino, Inc. v. U.S. Department of Transportation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 within 30 days of actual notice of the FMCSA’s final order, we conclude that Dandino’s petition was filed timely. However, we also find that Dandi-no’s petition lacks merit, and we affirm…
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