United States Ninth Circuit

Petition for review of decisions by the Surface Transportation Board denying a freight forwarder's complaint, which challenged the reasonableness of certain rates and practices of two water carriers, is denied as the decisions were not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence, and they were in accordance with law.

Appellate Information

• Argued 06/04/2007
• Decided 08/30/2007
• Published 08/30/2007

Judges

• GOULD, Circuit Judge:, Before: SIDNEY R. THOMAS, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rick A. Rude (argued and on the brief), Falls Church, VA, and David E.R. Woolley (on the brief), Los Angeles, CA, for petitioner DHX, Inc.


• For Appellees:
  
• Craig M. Keats, Deputy General Counsel, Surface Transportation Board, Washington, D.C., (argued and on the brief);  Ellen D. Hanson, General Counsel, Surface Transportation Board, Jamie P. Rennert, Attorney, Surface Transportation Board, Thomas O. Barnett, Acting Assistant Attorney General, Department of Justice, Gerald F. Masoudi, Deputy Assistant Attorney General, Department of Justice, John J. Powers, II, Attorney, Department of Justice and Robert J. Wiggers, Attorney, Department of Justice, Washington, D.C., (on the brief) for respondents Surface Transportation Board and United States of America., C. Jonathan Benner and Leonard L. Fleisig, Troutman Sanders LLP, Washington, D.C., (argued and on the brief);  Christine J. Sommer, Troutman Sanders LLP, Washington, D.C., (on the brief) for intervenor-respondent Horizon Lines, LLC. Richard A. Allen and Scott M. Zimmerman, Zuckert, Scoutt & Rasenberger, LLP, Washington, D.C., (on the brief) for intervenor-respondent Matson Navigation Co., Inc.