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ARIZONA ELEC. POWER CO-OP. v. SURFACE TRANSP. BOARD

No. 05-1136.

454 F.3d 359 (2006)

ARIZONA ELECTRIC POWER COOPERATIVE, INC., Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. BNSF Railway Company and Union Pacific Railroad Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2006.

Attorney(s) appearing for the Case

William L. Slover argued the cause for the petitioner. Robert D. Rosenberg and Andrew B. Kolesar, III were on brief.

Thomas J. Stilling, Attorney, Surface Transportation Board, argued the cause for the respondent. Thomas O. Barnett, Acting Assistant Attorney General, and Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, and Ellen D. Hanson, General Counsel, and Rachel Danish Campbell, Attorney, Surface Transportation Board, were on brief.

Carolyn F. Corwin, David L. Meyer, Michael L. Rosenthal, J. Michael Hemmer, Louise A. Rinn, Samuel M. Sipe, Jr., Anthony J. LaRocca, Richard E. Weicher and Michael E. Roper were on brief for the intervenors. Alice E. Loughran entered an appearance.

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

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Petitioner Arizona Electric Power Cooperative (AEPCO) seeks review of a decision of the Surface Transportation Board (STB or Board) dismissing AEPCO's challenge to the joint rate charged by the Burlington Northern Santa Fe Railroad (BNSF) and the Union Pacific Railroad (UP) (collectively Railroads) to transport coal from...

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