McCarty Farms, Inc. v. Surface Transportation Board

SENTELLE, Circuit Judge:

Petitioners McCarty Farms, Inc., et al. (collectively “McCarty Farms”) and the State of Montana Department of Commerce, et al. (collectively “State of Montana”) challenge a decision of the Surface Transportation Board (“STB” or “Board”) in which the STB ruled that petitioners had failed to demonstrate that the rates charged by Burlington Northern Railroad (“BN”) to transport wheat and barley from Montana to the Pacific North west were unreasonable. The STB’s decision .covered three sets of claims: (1) single-car wheat shipments moving before September 12, 1980 (Docket…