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UNITED TRANSP. UNION v. SURFACE TRANSP. BD.

No. 03-1212.

363 F.3d 465 (2004)

UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT, (G0-386), Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Gordon P. MacDougall argued the cause and filed the briefs for petitioner.

Alice C. Saylor, Attorney, Surface Transportation Board, argued the cause for respondent. With her on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, John J. Powers III and Robert J. Wiggers, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge Williams.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

In the final rule at issue here the Surface Transportation Board adopted a class exemption for temporary trackage rights agreements. See Railroad Consolidation Procedures — Exemption For Temporary Trackage Rights, 68 Fed. Reg. 28,139 (May 23, 2003) ("final rule"), codified at 49 C.F.R. § 1180.2(d)(8); see also Decision, STB Ex parte No. 282...

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