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FRITSCH v. I.C.C.

No. 94-1403.

59 F.3d 248 (1995)

Janet FRITSCH, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Monroe County, a Legal Subdivision of the State of Indiana, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1995.

Rehearing and Suggestion for Rehearing Denied September 18, 1995.

Attorney(s) appearing for the Case

Nels J. Ackerson argued the cause and filed the briefs, Washington, DC, for petitioners. M. Roy Goldberg entered an appearance.

Evelyn G. Kitay, Atty., I.C.C., argued the cause for respondents. Henri F. Rush, General Counsel, Louis Mackall, V, Atty., and Jeffrey P. Kehne, Atty., U.S. Dept. of Justice, were on the brief for respondents. J. Carol Williams, Atty., U.S. Dept. of Justice, entered an appearance for respondents.

Charles H. Montange argued the cause, Washington, DC, for intervenors and amicus curiae. With him on the joint brief was Charles M. Rosenberger for intervenor CSX Transportation, Inc., and Andrea Ferster for amicus curiae Rails to Trails Conservancy.

Before SILBERMAN, SENTELLE, and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied September 18, 1995.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioners are various private landowners who own in fee simple the land across which CSX Transportation, Inc. ("CSX") possessed an easement for rail purposes. Petitioners challenge a decision of the Interstate Commerce Commission ("ICC" or "Commission") holding that CSX was legally unable to fully...

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