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UNITED TRANSP. UNION v. SURFACE TRANSP. BD.

No. 98-3412.

183 F.3d 606 (1999)

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

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1999.

Rehearing Denied September 20, 1999.

Attorney(s) appearing for the Case

Gordon P. MacDougall (argued), Washington, DC, for Petitioner.

Marilyn R. Levitt (argued), Surface Transportation Board, Washington, DC, for Respondent Surface Transportation Board.

Robert J. Wiggers, Department of Justice, Antitrust Division, Appellate Section, Washington, DC, for Respondent U.S.

Before COFFEY, RIPPLE and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

The United Transportation Union-Illinois Legislative Board (the "Union") challenges several determinations of the Surface Transportation Board (the "Board") as to whether Effingham Railroad Company ("Effingham Railroad") required Board authorization to operate various sections of track in and near an industrial park in Effingham, Illinois. The Board, for its part, contends that the Union lacks standing to sue and defends its own...

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