IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION-MDL NO. 1869.
Donnelly Commodities Incorporated, on Behalf of Itself and All Others Similarly Situated, et al., Appellees
v.
BNSF Railway Company, et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Kathryn D. Kirmayer and Sarah Yurasko were on the brief for amici curiae Association of American Railroads and American Short Line and Regional Railroad Association in support of appellants.
Bryan J. Leitch , Attorney, U.S. Department of Justice, argued the cause for amici curiae the United States and the Federal Trade Commission in support of appellees. With him on the brief were Daniel E. Haar and Robert B. Nicholson , Attorneys, Joel Marcus , Deputy General Counsel, Federal Trade Commission, and Mark S. Hegedus , Attorney.
John C. Sullivan was on the brief for amici curiae American Chemistry Council, et al. in support of appellees.
Before: Tatel and Millett, Circuit Judges, and Edwards, Senior Circuit Judge.
Edwards, Senior Circuit Judge:
This matter focuses on questions certified by the District Court for interlocutory review pursuant to 28 U.S.C. § 1292(b). In the underlying antitrust actions that gave rise to the certified questions, freight shippers ("Plaintiffs") allege that the nation's four largest freight railroads ("Defendants" or "Railroads...
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