Michael Cousins v. Secretary of the United States Department of Transportation
Court of Appeals for the First Circuit
1Opinion of the Court
OPINION EN BANC
BREYER, Circuit Judge.
Appellant Michael Cousins, who is deaf, obtained a Maine driver’s license permitting him to drive a truck with a tractor trailer. A federal Department of Transportation (DOT) rule, however, prevents him from working as a truck driver. 49 C.F.R. § 391.41(b)(ll) (1987) (a “person is physically qualified to drive a motor vehicle if that person ... [fjirst perceives a forced whispered voice in the better ear at not less than 5 feet”). Although the DOT regulations allow drivers to apply for a waiver of some of the required physical qualifications, they do not…
2Cases cited28 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Cort v. AshSupreme Court of the United States · 1975
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- Dolores Sweeney v. Westvaco Company, Dolores Sweeney v. Westvaco CompanyCourt of Appeals for the First Circuit · 1991
- Lois M. Grant, on Behalf of Herself and All Other Similarly Situated Persons v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1993
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