NEW YORK CROSS HARBOR RAILROAD, Petitioner,
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents.
New York City Economic Development Corporation American Warehouse, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 21, 2004.
Decided July 13, 2004.
Attorney(s) appearing for the Case
John D. Heffner argued the cause for the petitioner and intervenors, American Warehouse, Inc. et al. Fritz R. Kahn and Thomas F. McFarland, Jr. were on joint brief.
Alice C. Saylor, Attorney, Surface Transportation Board, argued the cause for the respondents. Robert Hewitt Pate, III, Assistant Attorney General, Robert B. Nicholson and John P. Fonte, Attorneys, United State Department of Justice, Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel, Surface Transportation Board, were on brief.
Charles A. Spitulnik was on the brief for intervenor New York City Economic Development Corporation.
Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
The New York Cross Harbor Railroad (Cross Harbor) and seven of its shipping customers (the intervening shippers)1 petition for review of the Surface Transportation Board (STB or Board)'s decision to grant the application of the New York City Economic Development Corporation (N.Y.CEDC) for the adverse abandonment of Cross Harbor's rail...
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