Kessler v. Surface Transportation Board
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge.
Edwin Kessler and John Riffln petition for review of an order of the Surface Transportation Board granting BNSF Railway Company an exemption from the procedures in 49 U.S.C. §§ 10903-10904 for abandoning a rail line. The petitioners also ask us to hold an order exempting a rail carrier from § 10904 may be appealed to the Board instead of being reviewed directly in this court. We deny the petition without addressing the latter issue.
I. Background
BNSF is a rail carrier regulated under the Interstate Commerce Act. * As…
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