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CALIFORNIA STATE LEGISLATIVE BD. v. MINETA

No. 00-70798.

272 F.3d 1169 (2001)

CALIFORNIA STATE LEGISLATIVE BOARD; United Transportation Union; David W. Eden, Petitioners, v. Norman Y. MINETA, Secretary of Transportation; Department of Transportation; Jolene Molitoris, Hon.; Federal Railroad Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2001.

Attorney(s) appearing for the Case

Lawrence M. Mann, Washington, D.C., for the petitioners.

Peter J. Plocki, U.S. Department of Transportation, Washington, D.C., for the respondents.

Before: NOONAN, HAWKINS, and TASHIMA, Circuit Judges.

NOONAN, Circuit Judge:

The California State Legislative Board of the United Transportation Union (the Union) and David W. Eden seek review of a final decision of the Federal Railroad Administration (the FRA) that the San Joaquin Valley Railroad (the SJVR) did not violate the FRA's accident reporting regulations, 49 C.F.R. Part 225 (2001) and, in particular, Part 225.33's prohibition of harassment intended to discourage a...

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