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REDMOND-ISSAQUAH R.R. PRESERV. v. SURFACE TRANSP.

No. 98-70906

223 F.3d 1057 (2000)

REDMOND-ISSAQUAH RAILROAD PRESERVATION ASSOCIATION, Petitioner, v. The SURFACE TRANSPORTATION BOARD; United States of America, Respondents. and The Land and Conservancy of Seattle and King County; and Burlington Northern and Santa Fe Railway Company, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2000.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., McFarland & Herman, Chicago, IL, for appellant.

Robert B. Nicholson and John P. Fonte, Department of Justice, Washington D.C. and Evelyn G. Kitay, Surface Transportation Board, Washington, D.C., for the appellees.

Sarah Whitley Bailiff, The Burlington Northern and Santa Fe Railway Company, Forth Worth, TX and Betty Jo Christian, Carolyn Doozan Clayton, and Carol R. Goisan, Steptoe & Johnson LLP, Washington, D.C., for the intervening respondent The Burlington Northern and Santa Fe Railway Company.

David J. Eldred, Deputy Prosecuting Attorney, King County, Seattle, WA and Charles H. Montange, The Land Conservancy of Seattle and King County, Seattle, Washington, for the intervening respondents, King County, Washington and The Land Conservancy of Seattle and King County.

Before: PREGERSON and D.W. NELSON, Circuit Judges, and KARLTON, District Judge.

D.W. NELSON, Circuit Judge:

The Redmond-Issaquah Railroad Preservation Association ("RIRPA"), an organization made up largely of homeowners living along Lake Sammamish in King County, Washington, appeals the Surface Transportation Board's ("STB") decision rejecting its Offer of Financial Assistance ("OFA") to acquire the Redmond-Issaquah railroad line; the line, measuring 12.45 miles, runs between Redmond and Issaquah along Lake Sammamish. The STB, determining that...

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