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VILLAGE OF BARRINGTON, ILL. v. SURFACE TRANSP. BD.

No. 12-1485.

758 F.3d 326 (2014)

VILLAGE OF BARRINGTON, ILLINOIS, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Canadian National Railway Company and Grand Trunk Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2014.

Attorney(s) appearing for the Case

Richard H. Streeter argued the cause and filed the briefs for petitioner.

Theodore L. Hunt , Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Mary G. Sprague , Attorney, U.S. Department of Justice; Raymond A. Atkins , General Counsel, Evelyn G. Kitay , Associate General Counsel, and Theodore L. Hunt , Attorney, Surface Transportation Board. Aaron P. Avila , Attorney, U.S. Department of Justice, and Craig M. Keats , Deputy General Counsel, Surface Transportation Board, entered appearances.

Paul A. Cunningham , David A. Hirsh , and Theodore K. Klick were on the brief for intervenors Canadian National Railway Company and Grand Trunk Corporation in support of respondents.

Opinion for the Court filed by Chief Judge GARLAND.

GARLAND, Chief Judge:

The Village of Barrington, Illinois, petitions for review of the Surface Transportation Board's denial of its request to reopen a 2008 proceeding in which the Board approved a railroad's acquisition of a Chicago-area railway company. This marks the second time the Village has asked us to "don our conductor's cap for a ride" to review that acquisition, Vill. of Barrington, Ill. v. STB, ...

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