UNION PACIFIC R. CO. v. SURFACE TRANSP. BD.

No. 98-1058.

202 F.3d 337 (2000)

UNION PACIFIC RAILROAD COMPANY, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. FMC Corp. and FMC Wyoming Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2000.


Attorney(s) appearing for the Case

Arvid E. Roach, II argued the cause for petitioner. With him on the briefs were James V. Dolan and Lawrence E. Wzorek. Carolyn F. Corwin, Louise A. Rinn, and Schuyler W. Livingston, Jr., entered appearances.

Richard E. Weicher, Myles L. Tobin, P. Michael Giftos, James V. Dolan, Louis P. Warchot, and Samuel M. Sipe, Jr., were on the brief for amicus curiae Association of American Railroads. David A. Stein entered an appearance.

Thomas J. Stilling, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Henri F. Rush, General Counsel, Craig M. Keats, Associate General Counsel, Theodore K. Kalick, Attorney, Joel I. Klein, Assistant Attorney General, United States Department of Justice, and John J. Powers, III and John P. Fonte, Attorneys. Robert B. Nicholson, Attorney, and Ellen D. Hanson, Deputy General Counsel, Surface Transportation Board, entered appearances.

Edward D. Greenberg, David K. Monroe, and William F. Krebs were on the brief for intervenors.

William L. Slover, John H. LeSeur, and Andrew B. Kolesar, III were on the brief for amicus curiae Western Coal Traffic League.

Before: EDWARDS, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Union Pacific Railroad Company petitions for review of a Surface Transportation Board decision compelling the carrier to establish for shipper FMC Wyoming common carriage rates that can be used in combination with contract rates FMC secured with another railroad. We deny the petition.

I.

FMC Wyoming, Inc., transports soda ash by rail from its production facilities...

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