THE COMMONWEALTH OF PENNSYLVANIA and Senator Arlen Specter, Petitioners
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents
Norfolk Southern Corporation and Norfolk Southern Railway Company, Intervenors/Respondents
Transport Workers Union of America, National Conference of Firemen and Oilers/SEIU, International Association of Machinists & Aerospace Workers, International Brotherhood of Boilermakers and Blacksmiths, International Brotherhood of Electrical Workers, Sheet Metal Workers' International Association, and Transportation Communications International Union, Intervenors/Petitioners.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 5, 2002.
Filed: May 17, 2002.
Attorney(s) appearing for the Case
Scott N. Stone (Argued), Patton Boggs, Washington, D.C., for Petitioner Commonwealth of Pennsylvania.
Arlen Specter (Argued), United States Senator, United States Senate, Washington, D.C., for Petitioner Arlen Specter.
Theodore K. Kalick (Argued), Ellen D. Hanson, General Counsel, Craig M. Keats, Deputy General Counsel, Surface Transportation Board, Office of General Counsel, John P. Fonte, Robert B. Nicholson, Charles A. James, Assistant Attorney General, United States Department of Justice, Antitrust Division, Washington, D.C., for Respondents Surface Transportation Board and United States.
Carter G. Phillips (Argued), G. Paul Moates, Jeffrey S. Berlin, Virginia A. Seitz, Sidley Austin Brown & Wood, Washington, D.C., Richard A. Allen, Scott M. Zimmerman, Adam F. Hulbig, Zuckert, Scoutt & Rasenberger, Washington, D.C., J. Gary Lane, Henry D. Light, Joseph C. Dimino, George A. Aspartore, Jeffrey H. Burton, John V. Edwards, Norfolk Southern Corporation, Norfolk, VA, for Norfolk Southern Corporation and Norfolk Southern Railway Company, Intervenors/Respondents.
Richard S. Edelman (Argued), O'Donnell, Schwartz & Anderson, Washington, D.C., for the Unions Intervenors/Petitioners.
Before: SLOVITER and AMBRO, Circuit Judges, and POLLAK, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SLOVITER, Circuit J.
The Commonwealth of Pennsylvania and Arlen Specter, one of the United States Senators from Pennsylvania, joined by various interested unions,1 petition this court for review of the decision of the Surface Transportation Board ("STB" or "Board") rejecting their petition to cancel the planned shutdown by Norfolk Southern ("NS")
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