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GS ROOFING PRODUCTS v. SURFACE TRANSP. BD.

Nos. 99-3218, 00-2213 and 00-2740.

262 F.3d 767 (2001)

GS ROOFING PRODUCTS COMPANY, INC; Hanson Aggregates West, formerly known as Gifford-Hill & Company, Inc.; Bean Lumber Company; Curt Bean Lumber Company, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Arkansas Midland Railroad Company, Intervenor on Appeal. GS Roofing Products Company, Inc; Hanson Aggregates West, formerly known as Gifford-Hill & Company, Inc.; Bean Lumber Company; Curt Bean Lumber Company; Dardanelle & Russellville Railroad Company; East Texas Central Railroad Company, Petitioners, v. Surface Transportation Board; United States of America, Respondents, Arkansas Midland Railroad Company, Intervenor on Appeal. Arkansas Midland Railroad Company, Petitioner, v. Surface Transportation Board; United States of America, Respondents, GS Roofing Products Company, Inc.; Hanson Aggregates West, Inc., formerly known as Gifford-Hill & Company; Bean Lumber Company; Curt Bean Lumber Company; Dardanelle & Russellville Railroad Company; East Texas Central Railroad Company, Intervenors on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2001.

Attorney(s) appearing for the Case

Kevin M. Sheys, Washington, D.C., argued (John H. Korns, Edward J. Fishman, and Tracie D. Spear, Washington, D.C., on the brief), for intervenor Arkansas Midland Railroad Co.

Richard H. Streeter, Washington, D.C., argued (Mark J. Andrews, Washington, D.C., Robert S. Hargraves, Hot Springs, AR, on the brief), for petitioners.

Evelyn G. Kitay, Surface Transportation Board, Washington, D.C., argued (Craig M. Keats, Surface Transportation Board, Washington, D.C., Robert B. Nicholson and John P. Fonte, Justice Dept., Washington, D.C., on the brief), for repondents.

Before WOLLMAN, Chief Judge, FAGG, and HANSEN, Circuit Judges.

WOLLMAN, Chief Judge.

This is the third time we have been called upon to address disputes related to the Norman Branch, a 52-mile stretch of railroad in southwestern Arkansas. On May 5, 2000, after extensive administrative proceedings and subsequent to our decisions in Caddo Antoine and Little Missouri Railroad Company v. United States, 95 F.3d 740 (8th Cir.1996) (Caddo Antoine) and GS Roofing Products Company v....

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