SURFACE TRANSPORTATION BOARD TO HOLD NOV. 30 ORAL ARGUMENT IN "STATE OF MONT. v. BNSF" UNREASONABLE-PRACTICE COMPLAINT

[STBNews@xxxxxxxxxxx]

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board announced today that it will hold a Nov.
30, 2010, oral argument in the case entitled State of Montana v. BNSF
Railway Company, Docket No. 42124
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/41117?OpenDocument )


.


                                         At issue is a BNSF Railway Company
                                         (BNSF) motion to dismiss the State
                                         of Montana's (Montana) complaint.
                                         The complaint argues that a BNSF
                                         tariff change made in 2009 is
                                         unreasonable because it places an
                                         alleged 48-railroad-car limit on
                                         wheat shipments from Montana grain
                                         elevators having a 52-car or
                                         greater capacity.


                                         The oral argument will begin at
                                         9:30 a.m. in the 1st-floor hearing
                                         room of the Board's headquarters
                                         located in the Patriots Plaza I
                                         building, 395 E Street, S.W.,
                                         Washington, D.C.  Montana and BNSF
                                         each will have 20 minutes to argue
                                         their positions and to respond to
                                         questions from the Board Members,
                                         similar to proceedings held in
                                         federal appellate courts.  Though
                                         the oral argument is open to the
                                         public, only counsel for the
                                         parties in 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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