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LUCAS v. TOWNSHIP OF BETHEL

No. 01-3946.

319 F.3d 595 (2003)

William A. LUCAS; August Lucas; David J. Kushon; Janie B. Kushon, Appellants v. TOWNSHIP OF BETHEL; James Riederer; Robert E. Prunty; Margaretta Reed; Allegheny Valley Land Trust

United States Court of Appeals, Third Circuit.

Filed February 11, 2003.

Attorney(s) appearing for the Case

Andrew G. Kimball, (Argued), Dickie, McCamey & Chilcote, P.C., Pittsburgh, for Appellees.

Karen E. Chilcote, (Argued), Lori D. Mendicino, Robb, Leonard & Mulvihill, Pittsburgh, for Appellees.

William C. Smith, (Argued), Pittsburgh, for Appellants.

Before ROTH, NYGAARD and WEIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

This jurisdictional dispute requires us to decide whether the District Court or the Surface Transportation Board (STB) has authority to resolve a property claim involving a defunct railroad line. The line, known as the Allegheny Secondary Track, was used by the Consolidated Rail Corporation (Conrail) as a railroad right of way. In 1989, the STB's predecessor, the Interstate...

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