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UNITED TRANSP. UNION v. SURFACE TRANSP. BD.

No. 98-1278.

175 F.3d 163 (1999)

UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1999.

Attorney(s) appearing for the Case

Gordon P. MacDougall argued the cause and filed the briefs for petitioner.

Louis Mackall, V, 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, John J. Powers, III, and Robert J. Wiggers, Attorneys, and Henri F. Rush, General Counsel, Surface Transportation Board.

Before: GINSBURG, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Surface Transportation Board approved the application of the Chicago SouthShore & South Bend Railroad (CSS) to acquire operating rights over approximately nine miles of track owned by the Illinois Port District. Chicago Rail Link (CRL) also operates over that stretch of track. The United Transportation Union-Illinois, which represents both CSS and CRL employees, petitions...

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