09-3945 Herzog Transit Services, Inc., v. U.S. Railroad Retirement Board

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2010//

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Transportation
RRA; interstate commerce

Where an intrastate operator contracted to perform services for an interstate operator, it is a covered employer under the Railroad Retirement Act.

“Trinity acquired the duty to perform the dispatching function for the interstate rail operations along its tracks. It then delegated this function to Herzog, the operator of the intrastate service on its tracks. Herzog, therefore, in performing the dispatching function for the interstate freight traffic on Trinity’s track, is performing the function of a common carrier in interstate commerce and is a covered employer under the statute, at least with respect to the dispatching function.” Petition Denied.

09-3945 Herzog Transit Services, Inc., v. U.S. Railroad Retirement Board

Petition for Review of an Order of the Railroad Retirement Board, Ripple, J.

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