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ASSOC. OF AMER. RAILROADS v. SURFACE TRANSP. BD.

No. 97-1020.

146 F.3d 942 (1998)

ASSOCIATION OF AMERICAN RAILROADS, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Western Coal Traffic League, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1998.

Attorney(s) appearing for the Case

Arvid E. Roach, II argued the cause for petitioner. With him on the briefs were Louis P. Warchot and Kenneth P. Kolson.

Thomas J. Stilling, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Henri F. Rush, General Counsel, Surface Transportation Board, and Ellen D. Hanson, Deputy General Counsel.

William A. Slover, C. Michael Loftus, Robert D. Rosenberg, Andrew P. Goldstein, Nicolas J. DiMichael and Fredric L. Wood were on the joint brief for intervenors Western Coal Traffic League, et al.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

TATEL, Circuit Judge:

Petitioner challenges Surface Transportation Board guidelines for determining the reasonableness of railroad rates in small cases. Finding the challenge unripe, we dismiss the petition.

I

For much of the nineteenth century, railroads possessed sufficient market power to set rates that were often unjust and unreasonable. See Western Coal Traffic League v. United States, 719 F.2d 772, 775...

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