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CSX TRANSP., INC. v. SURFACE TRANSP. BD.

No. 95-1513.

96 F.3d 1528 (1996)

CSX TRANSPORTATION, INC., Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, West Virginia Rail Authority and Pardee Curtin Lumber Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 11, 1996.

Attorney(s) appearing for the Case

Charles M. Rosenberger, Jacksonville, FL, argued the cause for Petitioner, with whom R. Lyle Key, Jr. was on the briefs.

Theodore K. Kalick, Attorney, Surface Transportation Board, Washington, DC, argued the cause for respondents, with whom Anne K. Bingaman, Assistant Attorney General, United States Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, were on the brief. Henri F. Rush, General Counsel, and Craig M. Keats, Associate General Counsel, Surface Transportation Board, were also on the brief.

Francis G. McKenna, Special Attorney General, State of West Virginia, was on the brief for intervenors West Virginia States Rail Authority and Pardee Curtin Lumber Company.

Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

CSX Transportation, Inc. ("CSXT" or "petitioner"), a major railroad company, operates a rail line between Tygart Junction and Bergoo, West Virginia. In January of 1995, CSXT applied to the Interstate Commerce Commission ("ICC")1 to abandon the rail line. On July 11, 1995, after hearings before an administrative law judge ("ALJ"), the ICC found that...

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