CONSOLIDATED RAIL CORP. v. SURFACE TRANSP. BD.

Nos. 95-1312, 95-1353, 95-1410 and 95-1602.

93 F.3d 793 (1996)

CONSOLIDATED RAIL CORPORATION, Petitioner, v. SURFACE TRANSPORTATION BOARD, et al., Respondents, Commonwealth of Pennsylvania, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1996.


Attorney(s) appearing for the Case

Gerald P. Norton, Washington, DC, with whom Paul A. Cunningham, James M. Guinivan, Washington, DC, Constance L. Abrams and John J. Paylor, Philadelphia, PA, were on the briefs, argued the cause for petitioner. Jonathan M. Broder, Philadelphia, PA, entered an appearance.

Evelyn G. Kitay, Attorney, Surface Transportation Board, Washington, DC, with whom Henri F. Rush, General Counsel, Surface Transportation Board, and Anne K. Bingaman, Assistant Attorney General, United States Department of Justice, John J. Powers III, and John P. Fonte, Attorneys, United States Department of Justice, were on the brief, argued the cause for respondents.

Richard R. Wilson argued the cause and filed the brief for intervenor Northwest Pennsylvania Rail Authority.

Jan M. Tamanini, Assistant Counsel, Harrisburg, PA, filed the brief for intervenor Pennsylvania Department of Transportation.

Before SILBERMAN, BUCKLEY and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Consolidated Rail Corporation ("Conrail") petitions for review of a series of Interstate Commerce Commission ("ICC" or "Commission") orders reopening an earlier decision that authorized Conrail to abandon a line connecting two Pennsylvania communities and directing the railroad to sell the line to a group of municipalities. The ICC's orders are defended on appeal by the Surface Transportation...

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