RAILROAD VENTURES, INC. v. SURFACE TRANSP. BD.

Nos. 00-3261, 00-3275, 00-3317, 00-4303, 00-4345, 00-4346, 00-4435, 01-3090 and 01-3091.

299 F.3d 523 (2002)

RAILROAD VENTURES, INC. Boardman Township, Ohio and Boardman Township Park District, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, Columbiana County Port Authority and Central Columbiana & Pennsylvania Railway, Inc., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2002.


Attorney(s) appearing for the Case

R. Joseph Parker (argued and briefed), John B. Nalbandian (briefed), Taft, Stettinius & Hollister, Cincinnati, OH, Richard R. Wilson (briefed), Altoona, PA, for Petitioners in Nos. 00-3261, 00-3317, 00-4303, 00-4435, 01-3090 and 01-3091.

Christopher C. Russell (argued and briefed), Porter, Wright, Morris & Arthur, Columbus, OH, for Petitioners in Nos. 00-3275, 00-4345 and 00-4346.

Cecelia H. Cannizzaro (argued and briefed), Surface Transportation Board, Washington, DC, Robert B. Nicholson (briefed), John P. Fonte (briefed), U.S. Department of Justice, Antitrust Division, Washington, DC, for Respondents in Nos. 00-3261, 00-3275, 00-3317, 00-4303, 00-4345, 00-4346, 01-3090 and 01-3091.

Evelyn G. Kitay, Cecelia H. Cannizzaro (argued and briefed), Surface Transportation Board, Washington, DC, Henry Rush, Office of the General Counsel, Surface Transportation Board, Washington, DC, Robert B. Nicholson (briefed), John P. Fonte (briefed), U.S. Department of Justice, Antitrust Division, Washington, DC, for Respondent in No. 00-4435.

Keith G. O'Brien (briefed), Rea, Cross & Auchincloss, Washington, DC, Richard H. Streeter (briefed), Barnes & Thornburg, Washington, DC, for Intervenors in Nos. 00-3261, 00-3275, 00-3317, 00-4303, 00-4345, 00-4346, 00-4435, 01-3090 and 01-3091.

Before: GUY and CLAY, Circuit Judges; NUGENT, District Judge.


OPINION

CLAY, Circuit Judge.

Petitioners, Railroad Ventures, Inc. ("RVI"), Boardman Township ("Boardman Township"), and Boardman Township Park District ("the Park District") seek review of several orders issued throughout the year 2000 by Respondent Surface Transportation Board ("the STB") during the course of a sale by RVI to Intervenor Columbiana County Port Authority ("CCPA") of a 35.7-mile rail line ("the rail...

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