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KULMER v. SURFACE TRANSP. BD.

No. 99-9525.

236 F.3d 1255 (2001)

Morris H. KULMER and Kern W. Schumacher, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, and Roaring Fork Railroad Holding Authority, Intervenor.

United States Court of Appeals, Tenth Circuit.

January 8, 2001.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., of McFarland & Herman, Chicago, Illinois, for Petitioners.

Marilyn R. Levitt, Attorney, Surface Transportation Board, Washington, D.C., (Henri F. Rush, General Counsel, and Ellen D. Hanson, Deputy General Counsel, Surface Transportation Board, Washington, D.C.; Joel I. Klein, Assistant Attorney General; John J. Powers, III, and Robert J. Wiggers, Attorneys, Department of Justice, Washington, D.C., with her on the brief), for Respondents.

Robert M. Noone, P.C., Glenwood Springs, Colorado, and Charles H. Montange, Seattle, Washington, filed a brief for Intervenor.

Before BRORBY, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

The Surface Transportation Board (STB) dismissed petitioners' offer of financial assistance to intervenor-respondent Roaring Fork Railroad Holding Authority (RFRHA). We exercise jurisdiction under 28 U.S.C. §§ 2321(a) and 2342.

I.

Rail carriers must obtain STB authorization to abandon rail services over their lines. See 49 U.S.C. § 10903(a)(1). RFRHA applied for permission to abandon a 33.44 mile line,...

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