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BUFFALO CRUSHED STONE, INC. v. SURFACE TRANSP. BD.

No. 98-1505.

194 F.3d 125 (1999)

BUFFALO CRUSHED STONE, INC., Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. R.J. Corman Railroad Company/Allentown Lines, Inc. and Consolidated Rail Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1999.

Attorney(s) appearing for the Case

William A. Mullins argued the cause for petitioner. With him on the briefs was David C. Reeves.

Theodore K. Kalick, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Henri F. Rush, General Counsel, Ellen D. Hanson, Deputy General Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and Robert J. Wiggers, Attorneys.

Jonathan M. Broder, Kevin M. Sheys, and Paul M. Laurenza were on the brief for intervenors.

Before: GINSBURG, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

A Surface Transportation Board regulation provides that rail abandonment notices containing false information are "void ab initio" and must be "summarily reject[ed]." In this case, although a false statement in a notice of abandonment was not brought to the Board's attention until long after the notice was filed and the line sold to another carrier, petitioner argues that the...

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