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BOROUGH OF COLUMBIA v. SURFACE TRANSP. BD.

No. 02-2599.

342 F.3d 222 (2003)

BOROUGH OF COLUMBIA; Shawnee Run Greenway, Inc., Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Frank Sahd Salvage, Intervenor Respondent.

United States Court of Appeals, Third Circuit.

Filed August 26, 2003.

Amended September 3, 2003.

Attorney(s) appearing for the Case

Robert Pfannebecker, Zimmerman, Pfannebecker, Nuffort & Albert, Lancaster, PA, for Petitioner Borough of Columbia.

Charles H. Montange (Argued), Seattle, WA, for Petitioner Shawnee Run Greenway.

Marilyn R. Levitt (Argued), Surface Transportation Board Office of the Secretary, Washington, DC, for Respondent Surface Transportation Board.

Robert J. Wiggers, John J. Powers, III, United States Department of Justice Antitrust Division, Washington, DC, for Respondent United States of America.

Jeffrey O. Moreno, Thompson Hine, Washington, DC, for Intervenor Respondent Frank Sahd Salvage.

Before BARRY and ROSENN, Circuit Judges, POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

This case represents the latest chapter in the complex history of a two-and-a-half-mile stretch of rail line located in Lancaster County, Pennsylvania. The track had remained unused for over a decade when petitioner Shawnee Run Greenway, Inc. ("Shawnee"), on April 10, 2001, acquired an option to purchase the rail line from its owner, 1411 Corporation ("1411" — not a party to this proceeding), and operator...

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