Legal Opinion
California Association of the Physically Handicapped, Inc. v. Federal Communications Commission
Court of Appeals for the Ninth Circuit
Decided February 5, 1988No. 86-7142PublishedCited by 14 opinions
1Opinion of the Court
LEAVY, Circuit Judge.
The California Association of the Physically Handicapped, Inc. (CAPH) petitions for review of a Federal Communications Commission (FCC) order denying its petition for rulemaking. The FCC moves to dismiss for lack of jurisdiction. The issue is whether the time limitation set forth in 28 U.S.C. § 2344 (1982) is jurisdictional. We hold that the statute is jurisdictional and dismiss the petition.
FACTS AND PROCEEDINGS BELOW
In February 1980 CAPH filed a petition for rulemaking with the FCC. The petition sought inclusion of the physically handicapped in FCC programs to…
2Cases cited4 opinions
- State of Texas v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1985
- New York v. United StatesCourt of Appeals for the Second Circuit · 1977
- Provisioners Frozen Express, Inc. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Ninth Circuit · 1976
- Sable Communications of California, Inc. v. Federal Communications Commission, Edwin Meese, Attorney General of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1987
3Cited by14 opinions
- Wilson v. A. H. Belo Corp.Court of Appeals for the Ninth Circuit · 1996
- In Re Federal Communications CommissionCourt of Appeals for the Second Circuit · 2000
- Friends of Sierra Railroad, Inc. And Tuolumne Park and Recreation District v. Interstate Commerce Commission United States of AmericaCourt of Appeals for the Ninth Circuit · 1989
- Brodsky ex rel. Situated v. Humanadental Ins. Co.Court of Appeals for the Seventh Circuit · 2018
- Sierra Club v. United States Nuclear Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1988
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