CHENEY R. CO., INC. v. RAILROAD RETIREMENT BD.

Nos. 93-1621, 93-1636.

50 F.3d 1071 (1995)

CHENEY RAILROAD COMPANY, INC., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent. TYSON RAILROAD, INC., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1995.


Attorney(s) appearing for the Case

William P. Jackson, Arlington, VA, argued the cause for petitioner Cheney R. Co., Inc. With him on the briefs was David C. Reeves, Arlington, VA.

Fritz R. Kahn, Washington, DC, argued the cause and filed the briefs for petitioner Tyson R.R., Inc.

Catherine C. Cook, Gen. Counsel, R.R. Retirement Bd., Chicago, IL, argued the cause for respondent. With her on the brief were Stephen A. Bartholow, Deputy Gen. Counsel, Thomas W. Sadler, Asst. Gen. Counsel, Marguerite P. Dadabo, Gen. Atty., and Kelli D. Simmons Gen. Atty., R.R. Retirement Bd., Chicago, IL.

Before: WILLIAMS, HENDERSON, and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The issue in these appeals is whether feeder railroads that are exempt from most of the requirements of the Interstate Commerce Act remain subject to the Railroad Retirement Act ("RRA") and the Railroad Unemployment Insurance Act ("RUIA"). Two feeder railroads, petitioners Cheney Railroad Company, Inc. and Tyson Railroad, Inc., challenge the...

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