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NEBRASKA STATE LEGIS. BD. v. SLATER

No. 00-2193.

245 F.3d 656 (2001)

NEBRASKA STATE LEGISLATIVE BOARD, UNITED TRANSPORTATION UNION, Petitioner, v. Rodney SLATER, Secretary of Transportation; United States Department of Transportation; Jolene Molitoris, Federal Railroad Administrator; Federal Railroad Administration, Respondents. Association of American Railroads, Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2001.

Attorney(s) appearing for the Case

Lawrence M. Mann, argued, Washington, DC, for appellant.

Peter J. Plocki, argued, U.S. Dept. of Transportation, Washington, DC, for appellee.

Before McMILLIAN and MURPHY, Circuit Judges, and BOGUE, District Judge.

McMILLIAN, Circuit Judge.

The Nebraska State Legislative Board, United Transportation Union (UTU or the union) petitions for review of an order of the Federal Railroad Administration (FRA). We dismiss the petition for review for lack of jurisdiction.

BACKGROUND

In 1988, Congress enacted the Rail Safety Improvement Act, which required the Secretary of Transportation to establish a licensing or certification program for "any operator of a locomotive...

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