Herzog Transit Services, Inc. v. United States Railroad Retirement Board

RIPPLE, Circuit Judge.

Herzog Transit Services (“Herzog”) operates, under contract with Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“the T”), a commuter rail service on a line connecting Dallas and Fort Worth, Texas. Herzog dispatches all train traffic along this line, including interstate freight trains. The Railroad Retirement Board (“RRB” or “Board”) determined that Herzog is a covered employer under the Railroad Retirement Act1 (“RRA”) and the Railroad Unemployment Insurance Act2 (which we shall sometimes refer to collectively as “the Acts”), but only with…