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KESSLER v. SURFACE TRANSP. BD.

No. 09-1161.

635 F.3d 1 (2011)

Edwin KESSLER and James Riffin, Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2011.

Attorney(s) appearing for the Case

James Riffin , appearing pro se, argued the cause and filed the briefs for petitioners. Edwin Kessler , appearing pro se, entered an appearance.

Erik G. Light , Attorney, Surface Transportation Board, argued the cause for respondent. With him on the brief were Robert B. Nicholson and John P. Fonte , Attorneys, U.S. Department of Justice, Ellen D. Hanson , General Counsel, Surface Transportation Board, and Craig M. Keats , Deputy General Counsel.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

Edwin Kessler and John Riffin petition for review of an order of the Surface Transportation Board granting BNSF Railway Company an exemption from the procedures in 49 U.S.C. §§ 10903-10904 for abandoning a rail line. The petitioners also ask us to hold an order exempting a rail carrier from § 10904 may be appealed to the Board instead of being reviewed directly in this court. We deny the petition without addressing the latter...

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