United States Eighth Circuit

In a case involving a rail carrier that acquired a railroad line through a forced sale pursuant to 49 U.S.C. section 10907, petition for review of a Surface Transportation Board decision finding that a statutory first-refusal provision applied to a particular transaction is denied where the Board did not err in determining that a proposed sale of 100% of the corporation's stock would trigger the right of first refusal set out in 49 U.S.C. Sec. 10907(h).

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• MELLOY, Circuit Judge., Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard H. Streeter, argued, Washington, DC (Stanley C. Fickle, Washington DC, Mark J. Andrews, P. Michael Jung, Dallas, TX, on the brief), for petitioners.


• For Appellees:
  
• Ronald Molteni, Surface Transportation Board, argued, Washington, DC (Robert B. Nicholson, John P. Fonte, Department of Justice, on the brief), for respondents.