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CP, KCS Advocate for Waiver ‘Right’ CP, KCS Advocate for Waiver ‘Right’ Written by Marybeth Luczak, Executive Editor Canadian Pacific (CP) and Kansas City Southern (KCS) submitted a filing to the Surface Transportation Board (STB) asserting what they say is their “right” to have their merger reviewed under a waiver the STB granted to KCS in 2001. CP and KCS’s new filing was “made in response to objections to the application of the KCS waiver that were filed with the STB by competitors and others,” the Class I railroads said in an announcement released late on April 12. The railroads explained that “STB granted KCS, the smallest of the Class I railways, an exemption from the new merger rules in 2001 because a combination involving KCS did not raise the same concerns that any transaction between the larger six Class I’s might create.”

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