BOSTON AND MAINE CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Windsor Minerals, Inc., State of Vermont, National Railroad Passenger Corp., Central Vermont Railway, Inc., Commonwealth of Massachusetts, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 18, 1990.
Decided August 10, 1990.
Attorney(s) appearing for the Case
Eric L. Hirschhorn, with whom William D. Coston, Frederick J. Killion, and Arlene Pianko Groner were on the brief, for Boston and Maine Corp., petitioner in No. 88-1631. Richard K. Walker, Washington, D.C., also entered an appearance for Boston and Maine Corp.
Michael F. McBride, with whom Paul H. Falon, Washington, D.C., and Judith L. Truax, Boston, Mass., were on the brief, for the Com. of Mass., petitioner in No. 88-1732 and intervenor in No. 88-1631.
Charles I. Appler, with whom Basil Cole, Robert P. vom Eigen, Richard F. Riley, Jr., and Frederick C. Ohly, Washington, D.C., were on the brief, for Nat. R.R. Passenger Corp. and Cent. Vermont Ry., Inc., petitioners in No. 88-1731 and intervenors in Nos. 88-1631, 88-1728 and 88-1732.
Charles H. White, Jr. and John T. Sullivan, Washington, D.C., were on the brief, for Canadian Pacific, Ltd., petitioner in No. 88-1728.
Louis Mackall, Attorney, I.C.C., with whom Robert S. Burk, Gen. Counsel, I.C.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents.
G. Paul Moates, Ronald S. Flagg, and Terence M. Hynes, Washington, D.C., were on the brief, for intervenor State of Vt.
Daniel J. Sweeney and John M. Cutler, Jr., Washington, D.C., were on the brief for, intervenor Windsor Minerals, Inc., in No. 88-1631.
William G. Mahoney and John O'B. Clarke, Jr., Washington, D.C., were on the brief, for intervenor Ry. Labor Executives' Ass'n in No. 88-1731.
Before RUTH B. GINSBURG, BUCKLEY, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
Concurring opinion filed by Circuit Judge RUTH B. GINSBURG.
BUCKLEY, Circuit Judge:
The action here under review is the Interstate Commerce Commission's approval of the National Railroad Passenger Corporation's request for the condemnation of 48.8 miles of Boston & Maine railroad track and attached property, which it immediately reconveyed to the Central Vermont Railroad. Because we find that...
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