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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board will hear an oral argument on Tuesday,
October 25, 2011 at its Washington, D.C. headquarters.
Ag Processing Inc A Cooperative (Ag
Processing) filed a petition for a
declaratory order challenging the
reasonableness of a Norfolk
Southern Railway Company (NSR)
tariff. Later, Bunge North
America, Inc., Archer Daniels
Midland Company, Louis Dreyfus
Corporation, and Perdue
Agribusiness, Inc., joined the
petition. At issue is the tariff's
imposition of charges and penalties
on loaded rail cars that exceed an
individual car's weight limit
because of weather conditions
encountered after the cars are
delivered to NSR. At the
petitioners' request, the Board
ordered the parties to mediate the
dispute, but mediation was
unsuccessful and NSR filed a motion
asking the Board to dismiss the
petition. The case is entitled Ag
Processing Inc A
Cooperative—Petition for
Declaratory Order, Docket No. FD
35387
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/41877?OpenDocument )
[<a
href="http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/41877?OpenDocument";></a>].
Each side in this case will have 20
minutes to argue its position and
to respond to questions from Board
Members, similar to proceedings in
federal appellate courts. The oral
argument is scheduled to begin at
9:30 a.m. in the hearing room at
STB headquarters, 395 E Street,
S.W., in Washington, D.C. Though
the proceedings are open to the
public, only counsel for the
parties to the case will be
permitted 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 www.stb.dot.gov
, under "Information
Center/Webcast/Live Video" on the
home page.
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