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United States DC Circuit


South Bend v. Surface Trans. Bd., 08-1150

Petitioner's petition for review of the Surface Transportation Board's denial of its application for adverse abandonment of certain railroad lines is denied, where the Board reasonably determined that Petitioner's interest in immediate abandonment did not outweigh the public interest in preserving the lines.

Appellate Information

  • Argued 02/19/2009
  • Decided 05/29/2009
  • Published 05/29/2009

Judges

  • Before:  SENTELLE, Chief Judge and GINSBURG and KAVANAUGH, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Richard H. Streeter argued the cause for petitioners.   With him on the briefs were Jeffrey M. Jankowski and Adrienne U. Wisenberg., John D. Heffner argued the cause and filed the brief for intervenor.

  • For Appellees:
  • Virginia Strasser, Attorney, Surface Transportation Board, argued the cause for respondent.   With her on the brief were Deborah A. Garza, Acting 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 Craig M. Keats, Deputy General Counsel.
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