The Democratic member of the U.S. Surface Transportation Board that ahead of the group considering the ever filed a his dismissal as illegal.

Robert Primus, who had served on the board since 2001, said the White House never even gave him a reason for his Aug. 28 firing that threatens the independence of the five-member STB. His termination happened before the board got a chance to start reviewing Union Pacific's proposed $85 billion acquisition of Norfolk Southern to create the first true transcontinental railroad.

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