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BECKER v. SURFACE TRANSP. BD.

Nos. 95-1481, 97-1243.

132 F.3d 60 (1997)

Daryl BECKER, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, T and P Railway, Inc. and American Trails Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Nels J. Ackerson, Washington, DC, argued the cause and filed the briefs for the petitioner. Lynn A. Bulan entered an appearance.

Evelyn G. Kitay, Attorney, Surface Transportation Board, Washington, DC, argued the cause for the respondent, with whom Henri F. Rush, General Counsel, Ellen D. Hanson, Deputy General Counsel, and M. Alice Thurston, Attorney, United States Department of Justice, were on brief. J. Carol Williams and Jeffrey P. Kehne, Attorneys, United States Department of Justice, entered appearances.

Fritz R. Kahn, Washington, DC, was on the brief for intervenors American Trails Association, Inc., et al.

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

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Petitioner Daryl Becker challenges decisions by the Surface Transportation Board (STB, Board) and the Interstate Commerce Commission (ICC, Commission) authorizing conversion of a railroad right-of-way to trail use under the National Trails System Act (Trails Act), 16 U.S.C. §§ 1241 et seq. See T and P Railway—Abandonment Exemption— in...

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