SECOND SERIES OF ORAL ARGUMENTS SCHEDULED FOR NOV. 23

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board has scheduled a second series of oral
arguments for Monday, Nov. 23 at 9:30 a.m. at the STB's Washington
headquarters.

             Board members will hear from parties in San Benito Railroad
            LLC–Acquisition Exemption–Certain Assets of Union Pacific
            Railroad Company (San Benito RR), STB Finance Docket No. 35225
            and US Magnesium, L.L.C. v. Union Pacific Railroad Company (USM
            v. UP), STB Docket No. 42114.

            In the San Benito case, a non-carrier wishes to purchase 12.43
            miles of rail line from Union Pacific Railroad in a transaction
            that would allow it to purchase the physical assets of the rail
            line without incurring common-carrier obligations.  San Benito
            Railroad LLC cites the Interstate Commerce Commission's
            decision in State of Maine–Acq. and Op. Exempt., 8 I.C.C.2d 935
            (1991) (State of Maine), and subsequent Board decisions
            addressing State of Maine as a precedent. The Brotherhood of
            Maintenance of Way Employees Division/IBT and the Brotherhood
            of Railroad Signalmen oppose the transaction and contend that
            State of Maine was wrongly decided.

            In the second case to be argued, U.S. Magnesium, L.L.C. is
            challenging the rates charged by Union Pacific for transporting
            chlorine from Rowley, Utah, to Eloy, Ariz., and Rowley to
            Sahuarita, Ariz. U.S. Magnesium is seeking relief under one of
            the STB's simplified standards called the "Three-Benchmark"
            method, under which the total available rate relief is limited
            to $1 million over a 5-year period.

            Each side in each case will have 20 minutes to argue their side
            and take questions from Board members, similar to proceedings
            in federal appellate courts. The oral arguments are scheduled
            to begin at 9:30 a.m. in the hearing room at STB headquarters,
            395 E Street SW in Washington, D.C. The proceedings are open to
            the public although only parties to the cases at issue will be
            able to speak. Photo identification is necessary to enter the
            building.

            A live video broadcast of the oral argument will be available
            via the Board's website at http://www.stb.dot.gov, under
            "Information Center"/"Webcast"/"Live Video" on the home page.


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