Edwin Kessler, et al v. STB, No. 09-1188 (D.C. Cir. 2011)
Annotate this CasePetitioners sought review of an order of the Surface Transportation Board ("STB") denying them preliminary injunctive relief where one petitioner leased a locomotive from the other petitioner and contracted with BNSF Railway Co. ("BNSF") to deliver the locomotive care of a third party. At issue was whether the STB properly denied injunctive relief where the petition was moot and where petitioner failed to exhaust his administrative remedies. The court dismissed the petition where it lacked jurisdiction to decide all but one of the claims presented and held that the petitioners failed to exhaust their administrative remedies as to that claim when petitioners voluntarily dismissed motions pending before the STB to pursue relief in court.
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