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ERIE-NIAGARA RAIL STEERING COMMITTEE v. SURFACE TRANSP. BD.

Dockets Nos. 98-4285, 98-4387.

167 F.3d 111 (1999)

ERIE-NIAGARA RAIL STEERING COMMITTEE, Petitioner, v. SURFACE TRANSPORTATION BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Michael F. McBride, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Washington, DC (Brenda Durham, of counsel), for Movant-Petitioner Indianapolis Power & Light Company.

John Broadley, Jenner & Block, Washington, DC (Thomas D. Amrine, of counsel), for Petitioner Indiana Rail Road Company.

Before: CABRANES and STRAUB, Circuit Judges, and McCURN, District Judge.

PER CURIAM:

At issue is one of eleven consolidated petitions for review of various decisions rendered by the Surface Transportation Board (the "Board"), which is the successor to the Interstate Commerce Commission (the "ICC"). Petitioner Indianapolis Power & Light Company ("IPL") moves for dismissal of the related petition (docket no. 98-4387) filed by The Indiana Rail Road Company ("IRR"). IPL argues that review under 28 U.S.C. § 2344 is not available to...

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