United States Eighth Circuit

In a challenge brought by captive shipper to a determination of the Surface Transportation Board that rates proposed by a railroad company for shipping its coal were reasonable, a petition for review of the determination is denied where: 1) petitioner waived its challenge to the PPL-test the Board adopted and applied; and 2) there was no abuse of discretion in the Board's refusal to admit a revised debt-related calculation.

Appellate Information

• Decided 05/01/2007
• Published 05/01/2007

Judges

• SMITH, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and READE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David F. Herr, argued, Minneapolis, MN (Michael C. McCarthy, Minneapolis, MN, Nicholas J. DiMichael, Jeffrey O. Moreno, Washington, DC, on the brief), for petitioner., Samuel M. Sipe, Jr., argued, Washington DC (Anthony J. LaRocca, Washington, DC, Richard W. Reicher, Michael E. Roper, Fort Worth, TX, on the brief), for Intervenor BNSF Railway.


• For Appellees:
  
• Raymond A. Atkins, argued, Surface Transportation Board of Washington, DC (Rachel D. Campbell, Surface Transportation Board of Washington, DC, Gerald F. Masoudi, Robert B. Nicholson, John P. Fonte, U.S. Dept. of Justice, Washington, DC, on the brief), for respondent.