DHX, INC. v. SURFACE TRANSPORTATION BOARD

The Ninth Circuit Court of Appeals today released an opinion in DHX, INC. v. SURFACE TRANSPORTATION BOARD, No. 05-74592, an administrative appeal. The panel consisted of Sidney R. Thomas, Raymond C. Fisher, and Ronald M. Gould, Circuit Judges.

GOULD, Circuit Judge:
DHX, Inc., a freight forwarder, petitions for review of a decision by the Surface Transportation Board (”STB”) denying its complaint challenging the reasonableness of certain rates and practices of Matson Navigation Co., Inc. (”Matson”), and Sea-Land Service, Inc., now Horizon Lines, LLC (”Horizon”), two water carriers operating in the noncontiguous domestic trade between Hawaii and ports in the continental United States. We have jurisdiction pursuant to 28 U.S.C. ยงยง 2321 and 2342(5), and we deny the petition for review. I. A The STB is a successor to the Interstate Commerce Commission (”ICC”). In the ICC Termination Act of 1995 . . .

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