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CITY OF JERSEY CITY v. CONSOLIDATED RAIL CORP.

No. 10-7135.

668 F.3d 741 (2012)

CITY OF JERSEY CITY, et al., Appellants v. CONSOLIDATED RAIL CORPORATION, et al., Appellees Paula T. Dow, Attorney General of the State of New Jersey, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2012.

Attorney(s) appearing for the Case

Charles H. Montange argued the cause for appellants. With him on the briefs was Andrea C. Ferster .

Elizabeth S. Merritt was on the brief of amici curiae National Trust for Historic Preservation, et al. in support of appellants.

Robert M. Jenkins, III , argued the cause for appellees. With him on the briefs were Adam C. Sloane and Fritz R. Kahn .

Paula T. Dow , Attorney General, Office of the Attorney General for the State of New Jersey, and Kenneth M. Worton , Deputy Attorney General, were on the briefs for intervenor Paula T. Dow , Attorney General of New Jersey.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Consolidated Rail Corporation (Conrail) sold its Harsimus Embankment in Jersey City to developers. The City, together with others interested in the historic and environmental value of the Embankment, sued Conrail, alleging that the sale was unlawful because Conrail failed to obtain authority from the Surface Transportation Board to abandon the property. The district court, which has jurisdiction over this case because of the unique nature of...

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