United States DC Circuit

Under 49 U.S.C. section 10901(d), the word "cross" in the context of section 10907(d) prohibiting an existing railroad from blocking construction of a new rail line by refusing to permit the new carrier to "cross" its property, does not include one carrier's construction of a new line on another's right-of-way.

Appellate Information

• Argued 01/23/2008
• Decided 02/22/2008
• Published 02/22/2008

Judges

• Before:  TATEL, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jeffrey O. Moreno argued the cause and filed the briefs, for petitioner., Louis E. Gitomer was on the brief for intervenor.  Paul R. Hitchcock entered an appearance.


• For Appellees:
  
• Jeffrey D. Komarow, Attorney, Surface Transportation Board, argued the cause for respondent.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Evelyn G. Kitay, Associate General Counsel.   Craig M. Keats, Deputy General Counsel, entered an appearance.