United States Seventh Circuit

Petition for review of Surface Transportation Board's (STB) order mandating the sale of a rail line is denied and the order affirmed over petitioner's arguments that: 1) the STB's valuation of the line was arbitrary and capricious; 2) the STB erred in admitting respondent's real estate valuation, and should have allowed petitioner to respond and submit an updated analysis; and 3) tax credits should be taken into account in calculating a rail line's net liquidation value.

Appellate Information

• Argued 01/13/2006
• Decided 09/07/2006
• Published 09/07/2006

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, KANNE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• J. Timothy Eaton (argued), Shefsky & Froelich, Chicago, IL, for Petitioner., William A. Mullins (argued), Baker & Miller, Washington, DC, for Intervenor.


• For Appellees:
  
• Raymond A. Atkins (argued), Surface Transportation Board, Office of the General Counsel, John P. Fonte, Robert B. Nicholson, Department of Justice, Washington, DC, for Respondents.