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GS ROOFING PRODUCTS CO. v. SURFACE TRANSP. BD.

No. 97-1707.

143 F.3d 387 (1998)

GS ROOFING PRODUCTS COMPANY; Beazer West, doing business as Gifford-Hill & Company, Inc.; Bean Lumber Company; Curt Bean Lumber Company, Petitioners, v. SURFACE TRANSPORTATION BOARD, Respondent, United States of America, Respondents, Arkansas Midland Railroad Company, Inc., Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1998.

Rehearing and Suggestion for Rehearing Denied July 6, 1998.

Attorney(s) appearing for the Case

Richard H. Streeter, Washington, DC, argued (Mark J. Andrews and Robert S. Hargraves, on the brief), for Petitioners.

Evelyn G. Kitay, Surface Transportation Board, Washington, DC, argued (John J. Powers, III, John P. Forte, Joel I. Klein, Henry F. Rush and Craig M. Keats, on the brief), for Respondent.

Before FAGG, LAY, and WOLLMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 6, 1998.*

WOLLMAN, Circuit Judge.

We have before us once again the Arkansas Midland Railroad Company, Inc. (Arkansas Midland), which is a short line railroad operator in southwestern Arkansas. In Caddo Antoine and Little Missouri R.R. Co. v. United States, 95 F.3d 740 (8th Cir.1996), we reversed the Surface Transportation Board's...

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