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DECATUR COUNTY COM'RS v. SURFACE TRANSP. BD.

No. 00-4082.

308 F.3d 710 (2002)

DECATUR COUNTY COMMISSIONERS, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Peter S. French (argued), Nissa M. Ricafort, Lewis & Kappes, Indianapolis, IN, for Petitioners.

Alice C. Saylor (argued), Ellen D. Hanson, Surface Transp. Bd., Washington, DC, for Respondents.

Karl Morell, Washington, DC, for Intervenor-Respondent.

Before CUDAHY, COFFEY and WILLIAMS, Circuit Judges.

CUDAHY, Circuit Judge.

The Decatur County Commissioners, the Shelby County Commissioners and the City of Shelbyville, all Indiana entities, as well as five rail shippers, Lowe's Pellets & Grains, Inc., Premier Ag Co-op, Inc., Kolkmeier Brothers Feed, Inc., Greensburg Milling, Inc., and Kova Fertilizer, Inc. (the petitioners) seek to review an Order of the Surface Transportation Board (Board or STB), declining to penalize...

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