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KEOKUK JUNCTION RY. CO. v. SURFACE TRANSP. BD.

No. 01-1305.

292 F.3d 884 (2002)

KEOKUK JUNCTION RAILWAY CO., Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Burlington Northern and Santa Fe Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2002.

Attorney(s) appearing for the Case

William A. Mullins argued the cause and filed the briefs for petitioner.

Theodore K. Kalick, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Ellen D. Hanson, General Counsel, Craig M. Keats, Deputy General Counsel, John P. Fonte and Robert B. Nicholson, Attorneys, U.S. Department of Justice.

Michael E. Roper and Robert M. Jenkins III were on the brief for intervenor. Richard E. Weicher entered an appearance.

Before: GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

After the Keokuk Junction Railway Company terminated the long-standing agreement whereby trains of the Burlington Northern and Santa Fe Railway Company crossed its track, the BNSF convinced the Surface Transportation Board to order that the crossing be allowed. The KJRY now petitions this court for review. We grant the petition because the BNSF has not received from the Board the certificate...

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