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ATGLEN-SUSQUEHANNA TRAIL v. SURFACE TRANSP. BD.

No. 99-5837.

252 F.3d 246 (2001)

FRIENDS OF THE ATGLEN-SUSQUEHANNA TRAIL, INC., Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed May 31, 2001.

Attorney(s) appearing for the Case

Ellen D. Hanson, General Counsel Louis Mackall, V. Attorney (Argued) Surface Transportation Board Washington, D.C. 20423-0001

M. Alice Thurston, Esquire John T. Stahr, Esquire United States Department of Justice P.O. Box 23795 L'Enfant Plaza Station Washington, D.C. 20026, Attorneys for Respondent.

Paul D. Keenan, Esquire Hoyle, Morris & Kerr 1650 Market Street 4900 One Liberty Place Philadelphia, PA 19103, Attorney for Intervenor Respondent.

Andrea C. Ferster, Esquire (Argued) 1100 Seventeenth Street, N.W., 10th Floor Washington, D.C. 20036

Charles Montange, Esquire 426 N.W. 162nd Street Seattle, WA 98177, Attorneys for Petitioner.

Before NYGAARD, ROTH and BARRY, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

The Enola Branch is a 66.5 mile railroad line which was built in the early Twentieth Century and was known as one of the remarkable engineering feats of that time. Petitioner, Friends of the Atglen-Susquehana Trail, Inc. (FAST), seeks judicial review of a final order of the Surface Transportation Board (STB)1 permitting abandonment of the Enola Branch. FAST challenges the manner in which...

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