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DEL GROSSO v. SURFACE TRANSP. BD.

No. 15-1069.

811 F.3d 83 (2016)

Diana DEL GROSSO; Ray Smith; Joseph Hatch; Cheryl Hatch; Kathleen Kelley; Andrew Wilklund; Richard Kosiba, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States, Respondents, Grafton & Upton Railroad Company, Intervenor.

United States Court of Appeals, First Circuit.

February 5, 2016.

Attorney(s) appearing for the Case

Mark Bobrowski , Ginny Sinkel Kremer , Blatman Bobrowski & Mead LLC, Concord, MA, for Petitioners.

Anika Sanders Cooper , Craig Mitchell Keats , Evelyn Goldsmith Kitay , Erik Light , U.S. Surface Transportation Board, Robert B. Nicholson , Shana Marie Wallace , U.S. Dept of Justice, Washington, DC, for Respondents.

James E. Howard , Cannel Valley, CA, John A. Mavricos , Jonah M. Temple , Christopher Hays Wojcik & Mavricos LLP, Worcester, MA, Linda J. Morgan , Nossaman LLP, Washington, DC, for Intervenor.

Before TORRUELLA, SELYA, and DYK, Circuit Judges.

MEMORANDUM AND ORDER ON PETITIONS FOR PANEL REHEARING

An October 16, 2015, decision of this panel vacated a declaratory order by the Surface Transportation Board ("Board") and remanded for further proceedings. Del Grosso v. Surface Transp. Bd., 804...

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