United States DC Circuit

The Court granted a petition by plaintiffs to review the Surface Transportation Board's decision for the adverse abandonment of plaintiff's rail operations, stating that the Board failed to properly balance all of the competing interests involved in abandonment application.

Appellate Information

• Argued 05/21/2004
• Decided 07/13/2004
• Published 07/13/2004

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John D. Heffner argued the cause for the petitioner and intervenors, American Warehouse, Inc. et al.  Fritz R. Kahn and Thomas F. McFarland, Jr. were on joint brief., Charles A. Spitulnik was on the brief for intervenor New York City Economic Development Corporation.


• For Appellees:
  
• Alice C. Saylor, Attorney, Surface Transportation Board, argued the cause for the respondents.  Robert Hewitt Pate, III, Assistant Attorney General, Robert B. Nicholson and John P. Fonte, Attorneys, United State Department of Justice, Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel, Surface Transportation Board, were on brief.