AMERICAN ORIENT EXPRESS RAILWAY COMPANY, LLC, Petitioner
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents.
United Transportation Union and V.M. Speakman, Intervenors.
American Orient Express Railway Company, LLC, Petitioner
v.
United States of America and Railroad Retirement Board, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 26, 2007.
Decided April 20, 2007.
Attorney(s) appearing for the Case
Robert Bergen argued the cause and filed the briefs for petitioner American Orient Express Railway Company, LLC. Lawrence R. Liebesman and Paul J. Kiernan entered appearances.
Gordon P. MacDougall argued the cause and filed the briefs for petitioner United Transportation Union-General Committee of Adjustment.
Craig M. Keats, Deputy General Counsel, Surface Transportation Board, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, and Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Jamie Palter Rennert and Jamellah Ellis, Attorneys.
Daniel R. Elliott III was on the brief for intervenor United Transportation Union.
Robert Bergen argued the cause and filed the briefs for petitioner. Paul J. Kiernan entered an appearance.
Rachel L. Simmons, General Attorney, Railroad Retirement Board, argued the cause for respondent. With her on the brief was Steven A. Bartholow, Deputy General Counsel.
Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
The American Orient Express Railway Company markets and sells vacations aboard vintage railcars. The issue in these petitions for judicial review is whether the Orient Express is a "rail carrier," and thus a covered employer liable for contributions under the Railroad Retirement Act, 45 U.S.C. § 231 et seq., and the Railroad...
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