|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|U.S. MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY|
|Director Of Proceedings|
|DECISION GRANTED US MAGNESIUM, L.L.C.'S REQUEST TO DISMISS ITS COMPLAINT WITH PREJUDICE AND TO DISCONTINUE THIS PROCEEDING.|
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|Full Text of Decision|
40706 SERVICE DATE – LATE RELEASE APRIL 2, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. 42115
UNION PACIFIC RAILROAD COMPANY
Decided: April 2, 2010
This decision grants the request of US Magnesium, L.L.C. (USM) to dismiss its complaint with prejudice and to discontinue this proceeding.
complaint filed on June 25, 2009, USM challenged the reasonableness of
rates charged by Union Pacific Railroad Company (UP) for the movement of
chlorine by tank car from
The parties requested a procedural schedule pursuant to 49 C.F.R. § 1111.9(a)(1), and the Board adopted the proposed procedural schedule in a decision served October 22, 2009. In a decision served March 19, 2010, the Board stayed the procedural schedule in order to allow USM and UP to negotiate a settlement.
On March 24, 2010, USM filed a motion to dismiss its complaint with prejudice and discontinue the proceeding. USM states that it has reached a voluntary settlement with UP. USM’s motion 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. USM’s motion is granted. The complaint is dismissed with prejudice, and this proceeding is discontinued.
2. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.