United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT September Term 2009
October 23, 2009
CSX TRANSPORTATION, INC., PETITIONER
SURFACE TRANSPORTATION BOARD AND UNITED STATES OF AMERICA, RESPONDENTS
AMERICAN CHEMISTRY COUNCIL, ET AL., INTERVENORS
BEFORE: Rogers, Tatel, and Griffith, Circuit Judges.
Upon consideration of the petition of Norfolk Southern Railway Company for panel rehearing filed on July 24, 2009, and the response thereto, it is
ORDERED that the petition for rehearing be granted and the opinion filed June 9, 2009, be amended as set forth in the opinion issued this date. It is
FURTHER ORDERED that the judgment of the court issued June 9, 2009, be vacated. The Clerk is directed to enter a new judgment.
The Clerk is directed to issue the mandate seven days after the issuance of this order. See Fed. R. App. P. 41; D.C. Cir. Rule 41.
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