United States Tenth Circuit

Under the offer of financial assistance (OFA) provisions of 49 USC 10904, the Surface Transportation Board may consider the likelihood of continued rail freight service as a factor in approving disputed OFA's when a railroad seeks to abandon a rail line.

Appellate Information

• Decided 01/08/2001
• Published 01/09/2001

Judges

• McKAY, Circuit Judge., Before BRORBY, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Thomas F. McFarland, Jr., of McFarland & Herman, Chicago, IL, for Petitioners., Robert M. Noone, P.C., Glenwood Springs, CO, and Charles H. Montange, Seattle, WA, filed a brief for Intervenor.


• For Appellees:
  
• Marilyn R. Levitt, Attorney, Surface Transportation Board, Washington, DC, (Henri F. Rush, General Counsel, and Ellen D. Hanson, Deputy General Counsel, Surface Transportation Board, Washington, DC;  Joel I. Klein, Assistant Attorney General;  John J. Powers, III, and Robert J. Wiggers, Attorneys, Department of Justice, Washington, DC, with her on the brief), for Respondents.