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CANADIAN PACIFIC RY. CO. v. SURFACE TRANSP. BD.

No. 98-1600.

197 F.3d 1165 (1999)

CANADIAN PACIFIC RAILWAY COMPANY and Delaware and Hudson Railway Company, Inc., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. American Train Dispatchers Department of the International Brotherhood of Locomotive Engineers, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1999.

Attorney(s) appearing for the Case

Krista L. Edwards argued the cause for petitioners. With her on the briefs were Terence M. Hynes and Mark E. Martin.

Henri F. Rush, General Counsel, Surface Transportation Board, argued the cause for respondents. With him on the brief were Ellen D. Hanson, Deputy General Counsel, and Marilyn R. Levitt, Attorney. John J. Powers, III, John P. Fonte, and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.

Michael S. Wolly and Robert E. Paul were on the brief for intervenor.

Before: EDWARDS, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge HENDERSON.

SILBERMAN, Circuit Judge:

Canadian Pacific Railway Company petitions for review of an order of the Surface Transportation Board (the Board or STB) barring it from transferring train dispatchers from Milwaukee to Montreal. We grant the petition.

I.

Canadian Pacific obtained permission...

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