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KESSLER v. SURFACE TRANSP. BD.

No. 09-1188.

637 F.3d 369 (2011)

Edwin KESSLER and James Riffin, Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents BNSF Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2011.

Attorney(s) appearing for the Case

James Riffin , appearing pro se, argued the cause and filed the briefs for petitioners. Edwin Kessler , appearing pro se, entered an appearance.

James B. Boles , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Robert B. Nicholson and John P. Fonte , Attorneys, U.S. Department of Justice, Ellen D. Hanson , General Counsel, Surface Transportation Board, and Craig M. Keats , Deputy General Counsel. Erik G. Light , Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Edwin Kessler and James Riffin petition for review of an order of the Surface Transportation Board (STB) denying them preliminary injunctive relief. We dismiss their petition because we lack jurisdiction to decide all but one of the claims presented and the petitioners have failed to exhaust their administrative remedies as to that claim.

I. Background

In July 2008 Kessler contracted...

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