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PARKER v. U.S. DEPT. OF TRANSP.

No. 98-4331.

207 F.3d 359 (2000)

Jerry W. PARKER, Petitioner, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, and The United States of America, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 2000.

Attorney(s) appearing for the Case

Gerald W. Von Korff (argued and briefed), Rinke & Noonan, St. Cloud, Minnesota, for Petitioner.

John M. Stuhldreher, National Transportation Safety Board, Office of the General Counsel, Washington, DC, Michael Jay Singer (briefed), Matthew M. Collette (argued and briefed), U.S. Department of Justice Civil Division, Appellate Staff, Washington, D.C., for Respondents.

Before: MERRITT and SILER, Circuit Judges; BECKWITH, District Judge.

OPINION

SILER, Circuit Judge.

Petitioner, Jerry W. Parker, appeals the Federal Highway Administration's ("FHWA") decision to deny him a license to drive commercial trucks in interstate commerce because he suffers from monocular vision and is missing part of his left arm. Because the FHWA's decision was arbitrary and capricious, we REVERSE and REMAND.

I. BACKGROUND

Parker is a commercial truck driver who suffers from a congenital eye condition...

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