|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|M&G POLYMERS USA, LLC V. CSX TRANSPORTATION, INC. AND CANADIAN NATIONAL RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION GRANTED M&G POLYMERS USA, LLC'S MOTION TO DISMISS ITS COMPLAINT WITH PREJUDICE AGAINST CANADIAN NATIONAL RAILWAY COMPANY.|
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|Full Text of Decision|
40930 SERVICE DATE – LATE RELEASE JULY 22, 2010
SURFACE TRANSPORTATION BOARD
Docket No. NOR 42123
M&G POLYMERS USA, LLC
CSX TRANSPORTATION, INC., AND
CANADIAN NATIONAL RAILWAY COMPANY
Decided: July 22, 2010
decision grants the request of M&G Polymers
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.