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BURLINGTON NO. AND SANTA FE RY. v. SURFACE TRANSP.

No. 04-1162.

403 F.3d 771 (2005)

BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents AEP Texas North Company, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 2005.

Attorney(s) appearing for the Case

Samuel M. Sipe, Jr. argued the cause for petitioner. With him on the briefs were Alice E. Loughran, Richard E. Weicher, and Michael E. Roper.

Rachel Danish Campbell, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Robert H. Pate, III, Assistant Attorney General, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, Deputy General Counsel, Surface Transportation Board, and Thomas J. Stilling, Attorney.

Kelvin J. Dowd argued the cause for intervenor. With him on the brief were Karen H. Herren, William L. Slover, and Kendra A. Ericson.

Before: ROGERS, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judges.

Burlington Northern and Santa Fe Railway Company ("BNSF") petitions for review of the decision of the Surface Transportation Board vacating the rate prescription governing its transportation of coal from the Rawhide coal mine in the Powder River Basin of Wyoming to a coal-fired electric generating station owned and operated by intervenor AEP Texas North Company ("AEP Texas"). W...

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