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RAILROAD SALVAGE & RESTORATION v. SURFACE TRANSP.

No. 10-3074.

648 F.3d 915 (2011)

RAILROAD SALVAGE & RESTORATION, INC.; G.F. Wiedeman International, Inc., Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Missouri & Northern Arkansas Railroad Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2011.

Attorney(s) appearing for the Case

Frank J. Pergolizzi , Washington, DC, argued ( Andrew B. Kolesar, III , Washington, DC, on the brief), for Petitioners.

Theodore Leonard Hunt , Washington, DC, argued, ( Ronald Molteni , Surface Transportation Board, Christine A. Varney , AAG, Katherine B. Forrest , Deputy AAG, Raymond A. Atkins , General Counsel, Evelyn G. Kitay , Associate General Counsel, Robert B. Nicholson , John P. Fonte , Washington, DC, on the brief), for Respondents.

Louis E. Gitomer , Towson, MD, Leean M. Greenwald , on the brief, Jacksonville, FL, for Intervenor.

Before MELLOY and BENTON, Circuit Judges, and GRITZNER, District Judge.

MELLOY, Circuit Judge.

Railroad Salvage & Restoration, Inc. ("Railroad Salvage") and G.F. Wiedeman International, Inc. ("Wiedeman") (collectively referred to as "Petitioners") have filed a joint petition for review of an order of the Surface Transportation Board ("Board"). In the order, the Board found, among other things, that a railroad company's practice of charging Petitioners interest on certain unpaid charges at a rate of 1-2% per month was not an unreasonable...

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