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MONTEZUMA GRAIN CO. v. SURFACE TRANSP. BD.

No. 02-3960.

339 F.3d 535 (2003)

Montezuma Grain Co., Llp, and Redevelopment Commission of Parke County, Indiana, Petitioners, v. Surface Transportation Board and UNITED STATES of America, Respondents, and Csx Transportation, Inc., Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 2003.

Attorney(s) appearing for the Case

Thomas F. McFarland, (argued), Chicago, IL, for Petitioners.

Alice C. Saylor (argued), Surface Transp. Bd. Office of General Counsel, Washington, DC, John P. Fonte, Dept. of Justice, Antitrust Div., Appellate Section, Washington, DC, for Respondents.

David H. Coburn, Steptoe & Johnson, Washington, DC, for Intervenor.

Before FLAUM, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

CSX Transportation, Inc., ("CSXT") used to own and operate a 1.88-mile stretch of track near Montezuma, Indiana. After the Surface Transportation Board1 authorized CSXT to abandon the track, the Montezuma Grain Company ("Montezuma Grain") and the Redevelopment Commission of Parke County, Indiana, ("County") moved to reopen the abandonment proceedings. The Board denied their motion, and Montezuma Grain and the County...

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