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NORTH AMERICA FREIGHT CAR ASS'N v. SURFACE TRANSP.

No. 07-1070.

529 F.3d 1166 (2008)

NORTH AMERICA FREIGHT CAR ASSOCIATION, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents BNSF Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2008.

Attorney(s) appearing for the Case

John M. Cutler, Jr. and Andrew P. Goldstein argued the cause for the petitioner.

Anika Sanders Cooper, Attorney, Surface Transportation Board, argued the cause for the respondents. Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, and Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel, Surface Transportation Board, were on brief.

Richard E. Weicher, Sidney L. Strickland, Jr., Robert M. Jenkins III and David M. Gossett were on brief for the intervenor.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

The petitioner is North America Freight Car Association (NAFCA), a trade association of companies that use private railroad freight cars (i.e., cars that are owned or leased by the companies themselves or by other private shippers rather than by the railroad) to transport goods on track owned by railroads. NAFCA seeks review of a decision of the Surface Transportation Board (STB, Board...

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