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BLACK v. SURFACE TRANSP. BD.

No. 06-3045.

476 F.3d 409 (2007)

Timothy W. BLACK and Thomas K. Sorge, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, Grand Trunk Western Railroad, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2007.

Attorney(s) appearing for the Case

ARGUED: Mary S. O'Neill, Murray & Murray Co., L.P.A., Sandusky, Ohio, for Petitioners. Erik Light, Surface Transportation Board, Washington, D.C., for Respondents. Robert S. Hawkins, Buchanan Ingersoll & Rooney, Philadelphia, Pennsylvania, for Intervenor. ON BRIEF: Mary S. O'Neill, Thomas J. Murray, Jr., Murray & Murray Co., L.P.A., Sandusky, Ohio, for Petitioners. Craig M. Keats, Surface Transportation Board, Washington, D.C., John J. Powers III, Robert J. Wiggers, United States Department of Justice, Washington, D.C., for Respondents. Robert S. Hawkins, Buchanan Ingersoll & Rooney, Philadelphia, Pennsylvania, for Intervenor.

Before: RYAN, BATCHELDER, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Timothy Black and Thomas Sorge challenge a decision of the Surface Transportation Board affirming an arbitration panel's ruling denying them relief under a railroad merger labor protection agreement. We deny the petition.

I.

In 1979, the Interstate Commerce Commission (ICC) approved the Grand Trunk Western Railroad's acquisition of the Detroit, Toledo and Ironton Railroad Company and the Detroit and Toledo...

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