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BERKSHIRE SCENIC RY. MUSEUM, INC. v. I.C.C.

No. 94-1701.

52 F.3d 378 (1995)

BERKSHIRE SCENIC RAILWAY MUSEUM, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided March 27, 1995.

Attorney(s) appearing for the Case

James E. Howard with whom M. Katherine Willard and Kirkpatrick & Lockhart were on brief, for appellant.

Evelyn G. Kitay, Attorney, Office of General Counsel, with whom Laurence H. Schecker, Attorney, Henri F. Rush, General Counsel, and John J. McCarthy, Jr., Associate General Counsel, Interstate Commerce Com'n, and Jeffrey P. Kehne, Attorney, Environment & Natural Resources Div., Dept. of Justice, were on brief, for Interstate Commerce Com'n.

Edward J. Rodriguez, for intervenors Housatonic Track Co., Inc., and Housatonic R.R., Inc.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

The Housatonic Track Company, Inc., and Housatonic Railroad, Inc. (jointly, "Housatonic"), sought an exemption from the Interstate Commerce Act ("ICA") to permit their acquisition and operation of a rail line in Massachusetts and Connecticut, known as the Canaan Secondary Branch, then owned by the Boston and Maine Corporation ("B & M"). The Interstate Commerce Commission ("ICC") granted the exemption. Berkshire Scenic Railway Museum, Inc...

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