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NOR 42124 · STATE OF MONTANA V. BNSF RAILWAY COMPANY

Decision 41211

Served (printed as 2/16/2011) · Decision · Entire Board

DECISION: (1) DENIED THE MOTION OF BNSF RAILWAY COMPANY TO DISMISS THE STATE OF MONTANA'S COMPLAINT, WHICH CLAIMS THAT A BNSF TARIFF CONSTITUTES AN UNREASONABLE PRACTICE IN VIOLATION OF 49 U.S.C. § 10702; AND (2) ADOPTED A PROCEDURAL SCHEDULE.

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