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NEBRASKA TRAILS COUNCIL v. SURFACE TRANSP. BD.

No. 96-3656.

120 F.3d 901 (1997)

NEBRASKA TRAILS COUNCIL; Rails to Trails Coalition of Kansas; Iowa Trails Council; East Alabama Regional Planning & Development Commission; Ozark Greenways, Inc.; Friends of the Pumpkinvine Nature Trail, Inc.; Chaparral Rails to Trails, Inc.; Kentucky Rails to Trails Council; Trails to Trails Conservancy, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Charles H. Montage, Seattle, WA, argued (Andrea Ferster, Washington, DC, on the brief), for petitioners.

Evelyn G. Kitay, Washington, DC, argued (Albert M. Ferlo, Jr., on the brief), for respondents.

Before RICHARD S. ARNOLD, Chief Judge, BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BOWMAN, Circuit Judge.

Petitioners, which are several nongovernmental organizations interested in fostering recreational trails, seek review of a decision of the Surface Transportation Board (STB) establishing a $150 fee on requests to use or acquire proposed-to-be-abandoned railroad rights-of-way for interim recreational trail use and rail banking.1 This Court has jurisdiction to review a final...

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