Nos. 94-1156, 95-1169.

64 F.3d 702 (1995)

BROTHERHOOD OF RAILWAY CARMEN DIVISION, TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION, Petitioner, v. Federico PEÑA, Secretary, Department of Transportation, and Jolene Molitoris, Administrator, Federal Railroad Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 1, 1995.

Rehearing and Suggestion for Rehearing Denied October 16, 1995.

Attorney(s) appearing for the Case

Newton G. McCoy, argued the cause, for petitioner. C. Marshall Friedman, Thomas P. McDermott, St. Louis, MO, and Mitchell M. Kraus, Rockville, MO, were on the briefs, for petitioner.

Robert D. Kamenshine, Atty., U.S. Dept. of Justice, with whom Frank W. Hunger, Asst. Atty. Gen., and Robert S. Greenspan, Atty., U.S. Dept. of Justice, Washington, DC, were on the brief, argued the cause, for respondents. Peter J. Plocki, Atty., U.S. Dept. of Transp., Washington, DC, entered an appearance, for respondents.

Before BUCKLEY, WILLIAMS, and TATEL, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied October 16, 1995.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In these consolidated cases, we are asked to consider two petitions for review of a final rule issued by the Federal Railroad Administration. The first was filed while a petition for reconsideration was still pending before the agency; the other was submitted several months after the statutory deadline...

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