Kershaw Sunnyside Ran. v. Surface Trans

Full title: KERSHAW SUNNYSIDE RANCHES, INC., Petitioner, v. SURFACE TRANSPORTATION…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 25, 2007

252 F. App'x 786 (9th Cir. 2007)

Opinion

No. 05-76364.

Submitted October 18, 2007^_.

_ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 25, 2007.

Kevan Montoya, Esq., Velikanje Moore Shore, PS, Yakima, WA, for Petitioner.

General Counsel, DOT — U.S. Department of Transportation Office of the General Counsel, Jamie P. Rennert, Esq., Surface Transportation Board Office of the General Counsel, Ellen D. Hanson, Esq., Surface Transportation Board, Robert B. Nicholson, Esq., DOJ — U.S. Department of Justice, Antitrust Division — Appellate Section, Washington, DC, U.S. Attorney, USYA — Office of the U.S. Attorney, Yakima, WA, for Respondent.

Charles H. Montange, Esq., Seattle, WA, for Respondent-Intervenor.

On Petition for Review of an Order of the Surface Transportation Board. STB No. AB-600.

Before: D.W. NELSON, BEAM^__, and RYMER, Circuit Judges.

__ The Honorable C. Arlen Beam, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

ORDER^___

___ This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The Stipulated Motion for Dismissal filed on October 18, 2007, is GRANTED. This case is hereby dismissed with prejudice. Each party shall bear its respective costs and attorneys' fees.

A certified copy of this order sent to the district court shall act as and for the mandate of this court.

DISMISSED.