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CITY OF OTTUMWA v. SURFACE TRANSP. BD.

Nos. 97-1848, 97-2211, 98-1369 and 98-1507.

153 F.3d 879 (1998)

CITY OF OTTUMWA; Patrick C. Hendricks; Joseph C. Szabo, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, I & M Rail Link, LLC; Soo Line Railroad Company, Intervenor on Appeal. UNITED TRANSPORTATION UNION, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, I & M Rail Link, LLC; Soo Line Railroad Company, d/b/a Canadian Pacific Railway, Intervenor on Appeal. CITY OF OTTUMWA; Patrick C. Hendricks; Joseph C. Szabo, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Soo Line Railroad Company; I & M Rail Link, LLC; United Transportation Union, Intervenor on Appeal. UNITED TRANSPORTATION UNION, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents. Soo Line Railroad Company; Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1998.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, DC and Thomas F. Kintigh, Ottumwa, IA, argued, for petitioners.

(Daniel R. Elliott, III, on the brief, for petitioner United Transportation Union).

Louis Mackall, Washington, DC, argued (John J. Powers III and Robert J. Wiggers, on the brief), for respondents.

James J. Bertrand, Minneapolis, MN, argued (Barry McGrath and Daniel P. Tschida, on the brief), for intervenor Soo Line Railroad.

Before FAGG, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

In this consolidated case, the City of Ottumwa, et al., and the United Transportation Union seek review of several related orders issued by the Surface Transportation Board1 concerning I & M Rail Link's purchase of railroad line and trackage rights from Soo Line Railroad Co., d/b/a Canadian Pacific Railway. For the reasons set forth below, we deny Ottumwa's and United's petitions for review.

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