United States DC Circuit

A union's petition for review of the Surface Transportation Board's authorization of a noncarrier to acquire by lease, sublease, and assignment a portion of track controlled by a railway company, to operate as a common carrier, is dismissed where the union lacked standing to seek review.

Appellate Information

• Argued 03/23/2006
• Decided 07/25/2006
• Published 07/25/2006

Judges

• GINSBURG, Chief Judge., Before:  GINSBURG, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gordon P. MacDougall argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Marilyn R. Levitt, Attorney, Surface Transportation Board, argued the cause for respondent.   With her on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and Robert J. Wiggers, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.