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OREGON COAST SCENIC v. OR. DEPT. OF STATE LANDS

No. 14-35414.

841 F.3d 1069 (2016)

OREGON COAST SCENIC RAILROAD, LLC, an Oregon nonprofit corporation, Plaintiff-Appellant, v. State of OREGON DEPARTMENT OF STATE LANDS; Mary M. Abrams, Director of Department of State Lands, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2016.

Attorney(s) appearing for the Case

Martin E. Hansen (argued) and Sarah E. Harlos , Francis Hansen & Martin LLP, Bend, Oregon, for Plaintiff-Appellant.

Robert M. Wilsey (argued), Assistant Attorney General; Anna M. Joyce , Solicitor General; Ellen F. Rosenblum , Attorney General; Oregon Department of Justice, Salem, Oregon; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and Richard R. Clifton and Jacqueline H. Nguyen, Circuit Judges.

OPINION

This case presents the question whether the federal Surface Transportation Board ("the Board") has exclusive jurisdiction over railroad repair work done at the direction of a federally regulated rail carrier but performed by a contractor rather than the carrier itself...

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