DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

061962P.pdf   05/01/2007  Otter Tail Power Co.  v.  STB
   U.S. Court of Appeals Case No:  06-1962
                          and No:  06-2412
   Surface Transportation Board   
   [PUBLISHED] [Smith, Author, with Murphy, Circuit Judge, and
   Reade, District Judge]
   Petition for Review - Order of the Surface Transportation Board. 
   Surface Transportation Board's determination that Burlington's proposed
   shipping rate was reasonable is affirmed; Otter Tail waived its right to
   challenge application of the test announced in PPL Montana v.
   Burlington, 6 S.T.B. 286 (2002) by failing to raise the issue in the
   administrative proceedings; Board did not abuse its discretion in refusing
   to permit Otter Tail to admit new evidence in its reply statement.