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FAYUS ENTERPRISES v. BNSF RY. CO.

No. 09-7023.

602 F.3d 444 (2010)

FAYUS ENTERPRISES, On behalf of itself and all others similarly situated, et al., Appellants v. BNSF RAILWAY COMPANY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 2010.

Attorney(s) appearing for the Case

Christopher Lovell argued the cause for appellants. With him on the briefs were Gary E. Mason, Jared B. Stamell, and Richard J. Schager, Jr.

Alan M. Wiseman argued the cause for appellees. With him on the brief were Thomas A. Isaacson, Peter A. Barile III, Tyrone R. Childress, David G. Meyer, John M. Nannes, Tara L. Reinhart, Saul P. Morgenstern, Richard J. Favretto, Robert M. Jenkins III, Gary A. Winters, Richard McMillan Jr., Kent Alan Gardiner, and Kathryn D. Kirmayer. Linda S. Stein entered an appearance.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Plaintiff-appellants are firms that have indirectly purchased rail freight service from one or more of the defendant railroads. The traffic moves under railroad-shipper contracts that, pursuant to 49 U.S.C. § 10709, are generally not subject to challenge before the Surface Transportation Board ("STB" or "Board").1 Plaintiffs allege that since 2003 the railroads...

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