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TOLEDO, PEORIA & WESTERN RY. v. SURFACE TRANSP.

No. 05-1920.

462 F.3d 734 (2006)

TOLEDO, PEORIA & WESTERN RAILWAY, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, and Keokuk Junction Railway Company, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 2006.

Attorney(s) appearing for the Case

J. Timothy Eaton (argued), Shefsky & Froelich, Chicago, IL, for Petitioner.

Raymond A. Atkins (argued), Surface Transportation Board, Office of the General Counsel, John P. Fonte, Robert B. Nicholson, Department of Justice, Washington, DC, for Respondents.

William A. Mullins (argued), Baker & Miller, Washington, DC, for Intervenor.

Before RIPPLE, KANNE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

On April 9, 2003, Keokuk Junction Railway Company ("KJRY") filed with the Surface Transportation Board (the "STB")1 a "feeder line" application under the Staggers Rail Act of 1980, 49 U.S.C. § 10907.2 By this application, KJRY sought a court order mandating the sale of a rail line owned by Toledo, Peoria & Western Railway ("TP&W"). After extensive litigation on the subject...

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