Erie-Niagara Rail Steering Committee, National Lime & Stone Company, The National Industrial Transportation League, Wyandot Dolomite, Inc., Indiana Rail Road Company, Indianapolis Power & Light Company, Petitioners,
v.
Surface Transportation Board, United States of America, Csx Corporation, Csx Transportation, Inc., Respondents,
Norfolk Southern Corporation, Norfolk Southern Railway Company, New York State Department of Transportation, the Fertilizer Institute, Indianapolis Power & Light Company, Intervenors.
United States Court of Appeals, Second Circuit. August Term, 2000.https://leagle.com/images/logo.png
Argued: February 5, 2001.
Decided: April 25, 2001.
Attorney(s) appearing for the Case
FREDERIC L. WOOD, Thompson Hine & Flory LLP, Washington, DC (John K. Maser III, Thompson Hine & Flory LLP; Eliot Spitzer, Attorney General of the State of New York; Harry First and Richard L. Schwartz, Office of the Attorney General, Antitrust Bureau, NY, on the brief for petitioner Erie-Niagra Rail Steering Committee and intervenor New York State Department of Transportation).
CLARK EVANS DOWNS, Jones, Day, Reavis & Pogue, Washington, DC and KEITH G. O'BRIEN, Rea, Cross & Auchincloss, Washington, DC (Kenneth B. Driver, Jones, Day, Reavis & Pogue, Washington, DC; Barry R. Satine, Jones Day, Reavis & Pogue, New York, NY; John D. Heffner, Rea, Cross & Auchincloss, Washington, DC, on the brief for petitioners National Lime & Stone Company and Wyandot Dolomite, Inc.).
JEFFREY O. MORENO, Thompson Hine & Flory LLP, Washington, DC (Frederic L. Wood and Nicholas J. DiMichael, on the brief for petitioner The National Industrial Transportation League and intervenor The Fertilizer Institute).
JOHN H. BROADLEY, John H. Broadley & Associates, P.C., Washington, DC, for petitioner Indiana Rail Road Company).
MICHAEL F. McBRIDE, LeBoeuf, Lamb, Green & MacRae, L.L.P., Washington, DC (Bruce W. Neely, on the brief for petitioner and intervenor Indianapolis Power & Light Company).
LOUIS MACKALL, V, Attorney, Surface Transportation Board, Washington, DC (Ellen D. Hanson, General Counsel, Surface Transportation Board; Joel I. Klein, Assistant Attorney General, United States; Robert B. Nicholson and John P. Fonte, Attorneys, United States Department of Justice, Washington, DC, on the brief for respondents Surface Transportation Board and United States).
DENNIS LYONS, Arnold & Porter, Washington, DC (Richard L. Rosen and Sharon L. Taylor, Arnold & Porter, Washington, DC; Mark G. Aron and Peter J. Shudtz, CSX Corporation, Richmond, VA; P. Michael Giftos and Paul R. Hitchcock, CSX Transportation, Inc., Jacksonville, FL; Samuel M. Sipe, Jr. and David H. Coburn, Steptoe & Johnson LLP, Washington, DC, on the brief (for respondents CSX Corporation and CSX Transportation, Inc.).
RICHARD A. ALLEN, Zuckert, Scoutt & Rasenberger, LLP, Washington, DC (Scott M. Zimmerman, Zuckert, Scoutt & Rasenberger, LLP, Washington, DC; J. Gary Lane, George A. Aspatore, Greg E. Summy, and John V. Edwards, Norfolk Southern Corporation, Norfolk, VA, on the brief for intervenors Norfolk Southern Corporation and Norfolk Southern Railway Company).
Before: JACOBS, SOTOMAYOR, Circuit Judges, and COTE, District Judge.
United States Court of Appeals, Second Circuit. August Term, 2000.
JACOBS, Circuit Judge:
Two major railroads, CSX Transportation, Inc. (CSX) and Norfolk Southern Railway Company (NS), have applied to the Surface Transportation Board (STB) for approval of a transaction by which they would acquire and divide the assets of a third major railroad, Consolidated Rail Corporation (Conrail). The STB, which has oversight jurisdiction concerning such transactions, see 49 U.S.C. §§ 11321-26, approved the transaction, but in...
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