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JOST v. SURFACE TRANSP. BD.

No. 99-1054.

194 F.3d 79 (1999)

Kevin JOST, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Central Kansas Railway, Limited Liability Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 1999.

Attorney(s) appearing for the Case

Nels J. Ackerson argued the cause and filed the briefs for petitioners.

Troy W. Garris, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Henri F. Rush, General Counsel, and Ellen D. Hanson, Deputy General Counsel, and M. Alice Thurston, Attorney, United States Department of Justice.

Thomas F. McFarland, Jr. was on the brief for intervenor.

Before: EDWARDS, Chief Judge, WALD and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Kevin Jost petitions for review of an order of the Surface Transportation Board ("the Board") declining to reopen a proceeding wherein the Board issued a notice of interim trail use ("NITU") for a railroad line formerly operated by the Central Kansas Railway ("CKR").1 Jost sought to reopen the proceeding on the grounds that, as a result of right-of-way sales...

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