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GRANITE STATE CONCRETE v. SURFACE TRANSP.

No. 04-2551.

417 F.3d 85 (2005)

GRANITE STATE CONCRETE CO., INC.; Milford Bennington Railroad Co., Inc., Petitioners, v. SURFACE TRANSPORTATION BOARD, Respondent. Boston and Maine Corporation; Springfield Terminal Railway Company, Intervenors.

United States Court of Appeals, First Circuit.

Decided July 29, 2005.

Attorney(s) appearing for the Case

James E. Howard, for petitioners.

Jamie P. Rennert, Attorney, Surface Transportation Board, with whom R. Hewitt Pate, Assistant Attorney General, Makan Delrahim, Deputy Assistant Attorney General, Robert B. Nicholson, Attorney, Department of Justice, John P. Fonte, Attorney, Department of Justice, Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel, were on brief, for respondent.

Eric L. Hirschhorn, with whom Winston & Strawn LLP and Robert B. Culliford, Guilford Rail System, were on brief, for intervenors.

Before SELYA, Circuit Judge, HILL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

At issue is an order of the Surface Transportation Board (STB) finding that one railroad acted reasonably in light of rail safety concerns when it imposed restrictions upon another railroad operating on its lines.

The petitioners in this case are the railroad subjected to restrictions, the Milford-Bennington Railroad Company (MBRR), and its only customer, the Granite State Concrete Company (Granite State). The respondent is the STB. The...

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