United States Third Circuit
BOROUGH OF COLUMBIA v. SURFACE TRANSP. BD., 02-2599
The Surface Transportation Board did not act arbitrarily or capriciously in its decision to allow purchase of a dormant railroad line for use in freight shipping, and no unlawful taking occurred.
Appellate Information
- Argued 04/10/2003
- Decided 08/26/2003
- Published 08/26/2003
Judges
- Before BARRY and ROSENN, Circuit Judges, POLLAK, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Robert Pfannebecker,Zimmerman, Pfannebecker, Nuffort & Albert, Lancaster, PA, for Petitioner Borough of Columbia., Charles H. Montange (Argued), Seattle, WA, for Petitioner Shawnee Run Greenway.
- For Appellees:
- Marilyn R. Levitt (Argued), Surface Transportation Board Office of the Secretary, Washington, DC, for Respondent Surface Transportation Board., Robert J. Wiggers, John J. Powers, III, United States Department of Justice Antitrust Division, Washington, DC, for Respondent United States of America., Jeffrey O. Moreno, Thompson Hine, Washington, DC, for Intervenor Respondent Frank Sahd Salvage.