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BROTH. OF R.R. SIGNALMEN v. SURFACE TRANSP. BD.

No. 10-1138.

638 F.3d 807 (2011)

BROTHERHOOD OF RAILROAD SIGNALMEN et al., Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Massachusetts Department of Transportation and CSX Transportation, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Richard S. Edelman argued the cause for the petitioners. Michael S. Wolly was on brief.

Jeffrey D. Komarow , Attorney, Surface Transportation Board, argued the cause for the respondents. Robert B. Nicholson and John P. Fonte , Attorneys, United States Department of Justice, and Raymond A. Atkins , General Counsel and Craig M. Keats , Deputy General Counsel, Surface Transportation Board, were on brief.

Keith G. O'Brien , Peter J. Shudtz and Louis E. Gitomer were on brief for the intervenors.

Before: HENDERSON, GRIFFITH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners—the Brotherhood of Railroad Signalmen, the Brotherhood of Maintenance of Way Employees Division/IBT and the American Train Dispatchers Association (collectively, Unions)—challenge a decision of the Surface Transportation Board (STB, Board) holding that the purchase by the Massachusetts Department...

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