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CSX TRANSP., INC. v. SURFACE TRANSP. BD.

Nos. 07-1369, 07-1370, 07-1371, 07-1372, 07-1410, 08-1194.

584 F.3d 1076 (2009)

CSX TRANSPORTATION, INC., Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 2009.

On Petition for Rehearing

TATEL, Circuit Judge:

This petition for rehearing asks that we reconsider one aspect of our earlier opinion denying petitions for review of a Surface Transportation Board regulation that provides two simplified methods for resolving rail rate disputes too small to bring under ordinary procedures. As part of its challenge to the regulation, Petitioner Norfolk Southern argued that in violation...

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