United States DC Circuit

A railway company's petition for review of an order of the Surface Transportation Board rejecting as unreasonable certain rates the railroad charged a company to ship coal is denied where petitioner forfeited a claim that the Board should have dismissed the rate proceeding three years after the complaint was filed, and its other arguments were unpersuasive.

Appellate Information

• Argued 12/08/2005
• Decided 06/16/2006
• Published 06/16/2006

Judges

• GINSBURG, Chief Judge., Before:  GINSBURG, Chief Judge, and RANDOLPH, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Samuel M. Sipe, Jr. argued the cause for petitioner.   With him on the brief were Anthony J. LaRocca, Alice E. Loughran, Richard E. Weicher and Michael E. Roper., Peter S. Glaser argued the cause for intervenor Public Service Company of Colorado.   With him on the brief were Thomas W. Wilcox and David E. Benz.


• For Appellees:
  
• Raymond A. Atkins, Attorney, Surface Transportation Board, argued the cause for respondent.   With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Thomas J. Stilling, Attorney.   Rachel D. Campbell, Attorney, entered an appearance.