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CADDO VALLEY R. CO. v. SURFACE TRANSP. BD.

No. 07-2066.

512 F.3d 1021 (2008)

CADDO VALLEY RAILROAD COMPANY; Gina Garner; Tim Bean; Melanie Hall; Corey Thomason, shareholders, Petitioners, CertainTeed Corporation; GS Roofing Products Company, Inc.; Pioneer Railcorp, Not Party—Intervenors v. SURFACE TRANSPORTATION BOARD; United States, Respondents, Arkansas Midland Railroad Company, Inc., Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: January 14, 2008.

Attorney(s) appearing for the Case

Richard H. Streeter, argued, Washington, DC (Stanley C. Fickle, Washington DC, Mark J. Andrews, P. Michael Jung, Dallas, TX, on the brief), for petitioners.

Ronald Molteni, Surface Transportation Board, argued, Washington, DC (Robert B. Nicholson, John P. Fonte, Department of Justice, on the brief), for respondents.

Before MURPHY, MELLOY, and SMITH, Circuit Judges.

MELLOY, Circuit Judge.

Petitioner Caddo Valley Railroad Company (CVR) is a rail carrier that acquired a railroad line through a forced sale pursuant to 49 U.S.C. § 10907. This provision gives the Surface Transportation Board authority to force a sale of a line to petitioning individuals when the existing carrier fails to provide adequate service or abandons the line. The statute also contains a right-of-first-refusal provision, which states that "a purchasing...

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