
    RAIL-TERM CORP., Petitioner v. RAILROAD RETIREMENT BOARD, Respondent
    No. 11-1093
    September Term, 2015
    United States Court of Appeals, District of Columbia Circuit.
    Filed On: August 3, 2016
    RRB-BCD-11-14
    Dennis Martin Devaney, Esquire, Attorney, Varnum LLP, Novi, MI, John David Heffner, Strasburger & Price, LLP, Michael Francis Smith, The Smith Appellate Law Firm, Washington, DC, for Petitioner
    Steven A. Bartholow, General Counsel, Rachel L. Simmons, Esquire, Railroad Retirement Board, (RRRB) Office of Genéral Counsel, Chicago, IL, for Respondent
    Robert Edward Paul, Attorney, Michael S. Wolly, Zwerdling, Paul, Kahn & Wolly, PC, Washington, DC, for Amicus Curiae for Respondent American Train Dispatchers Association
    BEFORE: Garland, Chief Judge; Kavanaugh, Circuit Judge; and Ginsburg, Senior Circuit Judge
    
      
       Chief Judge Garland was a member of the panel at the time the case was argued but did not participate in this matter.
    
   ORDER

Per Curiam

Upon consideration of respondent’s motion for summary affirmance, the opposition thereto, and the reply; and petitioner’s motion to govern further proceedings and for supplemental briefing on the issue of whether petitioner is a “rail carrier” under 49 U.S.C. § 10102(5), the opposition thereto, and the reply, it is

ORDERED that petitioner’s motion to govern and for supplemental briefing be granted to the extent that this case be returned to the court’s active docket and be denied as to the request for supplemental briefing. It is

FURTHER ORDERED that respondent’s motion for summary affirmance be granted.

Pursuant to D.C. Circuit Rule 36, this disposition' will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.  