United States DC Circuit

In case involving company that markets and sells vacations aboard vintage railcars, petition for review challenging holding that petitioner company was liable for contributions under the Railroad Retirement Act and the Railroad Unemployment Insurance Act is denied as petitioner operates as a common carrier and respondent reasonably concluded it had jurisdiction over it.

Appellate Information

• Argued 03/26/2007
• Decided 04/20/2007
• Published 04/20/2007

Judges

• Before:  SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert Bergen argued the cause and filed the briefs for petitioner American Orient Express Railway Company, LLC. Lawrence R. Liebesman and Paul J. Kiernan entered appearances., Gordon P. MacDougall argued the cause and filed the briefs for petitioner United Transportation Union-General Committee of Adjustment., Daniel R. Elliott III was on the brief for intervenor United Transportation Union., Robert Bergen argued the cause and filed the briefs for petitioner.   Paul J. Kiernan entered an appearance.


• For Appellees:
  
• Craig M. Keats, Deputy General Counsel, Surface Transportation Board, argued the cause for respondent.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, and Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Jamie Palter Rennert and Jamellah Ellis, Attorneys., Rachel L. Simmons, General Attorney, Railroad Retirement Board, argued the cause for respondent.   With her on the brief was Steven A. Bartholow, Deputy General Counsel.