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UNITED TRANSP. UNION-ILLINOIS LEGISLATIVE BOARD v. SURFACE TRANSP. BD.

No. 98-1469.

169 F.3d 474 (1999)

UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, and Chicago Rail Link, L.L.C. and Union Pacific Railroad Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 25, 1999.

Rehearing and Suggestion for Rehearing Denied May 14, 1999.

Attorney(s) appearing for the Case

Gordon P. MacDougall (argued), Washington, DC, for United Transportation Union-Illinois Legislative Board.

Henri F. Rush, Surface Transportation Board, Washington, DC; Robert J. Wiggers, Department of Justice, Antitrust Division, Appellate Section, Washington, DC, for United States of America.

Theodore K. Kalick (argued), Surface Transportation Board, Office of the General Council, Washington, DC, for Surface Transportation Board.

Karl Morell, Washington, DC; Joseph D. Anthofer, Omaha, NE, for Chicago Rail Link and Union Pacific Railorad Company.

Before CUMMINGS, KANNE and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 14, 1999.*

CUMMINGS, Circuit Judge.

In December 1996, Chicago Rail Link, a small Class III carrier, i.e., one doing less than $20 million of business a year, leased 15 tracks in Union Pacific Railroad's Irondale Yard in Chicago, Illinois. This transaction effectively transferred operation of the Irondale Yard to Chicago Rail Link. The purpose of the lease was to enable...

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