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HERZOG TRANSIT SERVICES v. U.S. R.R. RETIREMENT

No. 09-3945.

624 F.3d 467 (2010)

HERZOG TRANSIT SERVICES, INCORPORATED, et al., Petitioners, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 2010.

Attorney(s) appearing for the Case

Kevin M. Sheys , K & L Gates LLP, Washington, DC, for Petitioners.

Rachel L. Simmons , Railroad Retirement Board, Bureau of Law, Chicago, IL, for Respondent.

James LaRusch , America Public Transportation Association, Washington, DC, for Amicus Curiae.

Before RIPPLE, KANNE and SYKES, Circuit Judges.

RIPPLE, Circuit Judge.

Herzog Transit Services ("Herzog") operates, under contract with Dallas Area Rapid Transit ("DART") and Fort Worth Transportation Authority ("the T"), a commuter rail service on a line connecting Dallas and Fort Worth, Texas. Herzog dispatches all train traffic along this line, including interstate freight trains. The Railroad Retirement Board ("RRB" or "Board") determined that Herzog is a covered employer under the Railroad Retirement Act

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