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RIFFIN v. SURFACE TRANSP. BD.

No. 11-1480.

733 F.3d 340 (2013)

James RIFFIN, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided: October 25, 2013.

Attorney(s) appearing for the Case

James Riffin, pro se, argued the cause and filed the briefs for petitioner.

Jeffrey D. Komarow , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Finnuala K. Tessier , Attorneys, U.S. Department of Justice, Raymond A. Atkins , General Counsel, Surface Transportation Board, and Craig M. Keats , Deputy General Counsel. Theodore L. Hunt , Attorney, Surface Transportation Board, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

James Riffin petitions for review of a decision by the Surface Transportation Board ("the Board") rejecting his application for a certificate authorizing the acquisition and operation of a small length of industrial railroad track because his application refused any obligation to transport "toxic inhalation hazard" products. For the following reasons, we deny the petition for review.

I.

On September 1, 2011, Riffin and Eric...

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