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GROSSO v. SURFACE TRANSPORTATION BD.

No. 15-1069.

804 F.3d 110 (2015)

Diana Del GROSSO; Ray Smith; Joseph Hatch; Cheryl Hatch; Kathleen Kelley; Andrew Wilklund; Richard Kosiba, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States, Respondents, Grafton & Upton Railroad Company, Intervenor.

United States Court of Appeals, First Circuit.

October 16, 2015.

Attorney(s) appearing for the Case

Mark Bobrowski , with whom Blatman, Bobrowski & Mead LLC was on brief, for petitioners.

Erik G. Light , Attorney, Surface Transportation Board, with whom William J. Baer , Assistant Attorney General, Robert B. Nicholson and Shana Marie Wallace , Attorneys, Department of Justice, Craig M. Keats , General Counsel, and Evelyn G. Kitay , Deputy General Counsel, were on brief, for respondents.

James E. Howard , with whom John A. Mavricos , Jonah M. Temple , Christopher, Hays, Wojcik & Mavricos LLP, Linda J. Morgan , and Nossaman, LLP, were on brief, for intervenor.

Before TORRUELLA, SELYA, and DYK, Circuit Judges.

Diana del Grosso, et al. ("petitioners") petitioned the Surface Transportation Board ("Board") for a declaratory order that state and local regulations of a facility owned by Grafton & Upton Railroad Company ("G & U") were not preempted by the Interstate Commerce Commission Termination Act ("ICCTA"), Pub L. No. 104-88...

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