SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42123_0

Case Title:  
M&G POLYMERS USA, LLC V. CSX TRANSPORTATION, INC. AND CANADIAN NATIONAL RAILWAY COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION GRANTED M&G POLYMERS USA, LLC'S MOTION TO DISMISS ITS COMPLAINT WITH PREJUDICE AGAINST CANADIAN NATIONAL RAILWAY COMPANY.

    Decision Attachments

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    Full Text of Decision

36371

40930                        SERVICE DATE – LATE RELEASE JULY 22, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42123

 

M&G POLYMERS USA, LLC

v.

CSX TRANSPORTATION, INC., AND

CANADIAN NATIONAL RAILWAY COMPANY

 

Decided:  July 22, 2010

 

This decision grants the request of M&G Polymers USA, LLC (M&G) to dismiss its complaint against Canadian National Railway Company (CN) with prejudice.  This proceeding will continue with regard to the remaining defendant, CSX Transportation, Inc. (CSXT). 

 

By a complaint filed on June 18, 2010, M&G challenged the reasonableness of rates established by CSXT, for the transportation of polyethylene terephthalate between 69 origin and destination pairs.  M&G also challenged the reasonableness of the connecting carrier rates of CN to destinations on 7 of those lanes.  M&G alleged that CSXT and CN, where CN is a connecting carrier, possess market dominance over the traffic and asked the Board to prescribe maximum reasonable rates using the Stand-Alone Cost test.

 

On July 6, 2010, M&G filed a motion to dismiss its complaint with prejudice against CN, stating that M&G and CN have reached a settlement.  M&G’s motion to dismiss will be granted. 

 

This action will not significantly affect either the quality of the human environment or the conservation of energy resources.

 

It is ordered:

 

            1.  M&G’s motion is granted.  The complaint against CN is dismissed with prejudice.  

           

            2.  This decision is effective on its service date.

 

            By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.