DHX, INC. v. SURFACE TRANSPORTATION BOARD

No. 05-74592.

501 F.3d 1080 (2007)

DHX, INC., Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Matson Navigation Company, Inc.; Horizon Lines, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2007.


Attorney(s) appearing for the Case

Rick A. Rude (argued and on the brief), Falls Church, VA, and David E.R. Woolley (on the brief), Los Angeles, CA, for petitioner DHX, Inc.

Craig M. Keats, Deputy General Counsel, Surface Transportation Board, Washington, D.C., (argued and on the brief); Ellen D. Hanson, General Counsel, Surface Transportation Board, Jamie P. Rennert, Attorney, Surface Transportation Board, Thomas O. Barnett, Acting Assistant Attorney General, Department of Justice, Gerald F. Masoudi, Deputy Assistant Attorney General, Department of Justice, John J. Powers, II, Attorney, Department of Justice and Robert J. Wiggers, Attorney, Department of Justice, Washington, D.C., (on the brief) for respondents Surface Transportation Board and United States of America.

C. Jonathan Benner and Leonard L. Fleisig, Troutman Sanders LLP, Washington, D.C., (argued and on the brief); Christine J. Sommer, Troutman Sanders LLP, Washington, D.C., (on the brief) for intervenor-respondent Horizon Lines, LLC. Richard A. Allen and Scott M. Zimmerman, Zuckert, Scoutt & Rasenberger, LLP, Washington, D.C., (on the brief) for intervenor-respondent Matson Navigation Co., Inc.

Before: SIDNEY R. THOMAS, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.


GOULD, Circuit Judge:

DHX, Inc., a freight forwarder, petitions for review of a decision by the Surface Transportation Board ("STB") denying its complaint challenging the reasonableness of certain rates and practices of Matson Navigation Co., Inc. ("Matson"), and Sea-Land Service, Inc., now Horizon Lines, LLC ("Horizon"), two water carriers operating in the noncontiguous domestic trade between Hawaii and ports in the continental United States. We have jurisdiction...

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