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HOLRAIL, LLC v. SURFACE TRANSP. BD.

No. 07-1088.

515 F.3d 1313 (2008)

HOLRAIL, LLC, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents CSX Transportation, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 2008.

Attorney(s) appearing for the Case

Jeffrey O. Moreno argued the cause and filed the briefs, for petitioner.

Jeffrey D. Komarow, Attorney, Surface Transportation Board, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Evelyn G. Kitay, Associate General Counsel. Craig M. Keats, Deputy General Counsel, entered an appearance.

Louis E. Gitomer was on the brief for intervenor. Paul R. Hitchcock entered an appearance.

Before: TATEL, BROWN, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Under 49 U.S.C. § 10901(d), an existing railroad may not, except in certain limited circumstances, block construction of a new rail line by "refusing to permit the [new] carrier to cross its property." In this case, the Surface Transportation Board held that the word "cross" does not include one carrier's construction of a new line on another's right-of-way. We agree.

I...

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